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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....

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Bombay High Court Dismisses Petition Challenging Rejection of Hostel Transfer Proposal Under Changed Policy. Government Resolution dated 31.10.2014 supersedes earlier policy; no vested right to have proposal considered under old policy.

The petitioner, a registered society running a boys' hostel for backward class students, applied on 18.09.2010 for transfer of a permanently closed bo...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme.

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrosp...

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Bombay High Court Allows Writ Petition Challenging Local Body Tax Demand Due to Non-Compliance with Natural Justice. Assessment Order Must Precede Demand Notice Under Section 33(7) of MMC Act, 1949.

The petitioner, M/s Hariom Sarees Depot, challenged an order dated 15 July 2013 passed by the Commissioner, Ulhasnagar Municipal Corporation, confirmi...

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Bombay High Court Acquits Accused in Child Sexual Assault Case Due to Inconsistent Evidence and Delayed FIR. Conviction under Section 354 IPC for outraging modesty of an 8-year-old girl set aside as prosecution failed to prove case beyond reasonable doubt.

The case involves a criminal revision filed by Hemant Tukaram Karande, a retired Station Director of Akashwani, challenging his conviction under Secti...

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Bombay High Court Dismisses Petitions Challenging Local Body Tax Classification. Classification of dealers based on turnover for LBT exemption is valid under Article 14 as it has a rational nexus with the object of the Maharashtra Municipal Corporation Act, 1949.

The petitioners, M/s. Nagpur Distillers Private Limited and M/s. Vidarbha Distillers, are dealers within the meaning of Section 2(16A) of the Maharash...

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Bombay High Court Rules Share Issue Expenses to Dilute Foreign Equity as Capital Expenditure Under Income Tax Act, 1961. Interest on Share Application Money Cannot Be Adjusted Against Such Capital Expenditure.

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal (Tribunal) at the ins...

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Bombay High Court Dismisses PIL Challenging Construction on Municipal School Land — No Violation Found in Grant of IOD and Occupation Certificate. Court held that the petitioner failed to establish any illegality in the construction or deviation from sanctioned plans, and the PIL was dismissed with costs.

The petitioner, Sanjay Krishna Chavan, claiming to be an RTI activist and social worker, filed a Public Interest Litigation before the Bombay High Cou...