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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Quashes Cancellation of No Objection Certificate for Firecracker Shop Under Explosives Act, 1884 — Violation of Natural Justice. District Magistrate and Divisional Commissioner failed to provide opportunity of hearing before cancelling NOC granted in 1997.

The petitioner, Gopal Agrawal, had been operating firecracker shops/godowns on Survey No.86 at Mouza Shirajgaon, Khamgaon, Buldana since 1997 pursuant...

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Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

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Bombay High Court Dismisses Petition Challenging Cancellation of Land Allotment Due to Procedural Irregularities. Allotment of Government Land Without Proper Inquiry and Without Notice to Interested Parties Set Aside.

The petitioner, Subhash Mutha, claimed ownership of Plot No.116, Sheet No.10B, in Pandharkawda, and applied for allotment of an adjacent government st...

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Gujarat High Court Upholds Acquittal in Corruption Case Due to Lack of Corroboration and Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated...

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Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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Bombay High Court Allows Writ Petition Challenging Ex Parte Mutation Order Due to Lack of Notice. Section 232(3) of Maharashtra Land Revenue Code, 1966 invoked to set aside order passed without proper service.

The petitioner, Vyankatesh s/o Ramaswami Reddy, filed a writ petition challenging an order dated 1/3/2011 passed by the District Superintendent of Lan...

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Bombay High Court Dismisses Non-Tribal Purchaser's Challenge to Land Confiscation Under Maharashtra Land Revenue Code. Transfer of tribal land without prior sanction is void, and subsequent purchaser acquires no title, upholding forfeiture for distribution to tribals.

The petitioner, Smt. Urmila Ahuja, a non-tribal, purchased land measuring 6.90 acres in Village Khapri, Tahsil Kalmeshwar, District Nagpur, on 10.12.1...

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Bombay High Court Allows Appeals in Property Dispute Over Injunction Orders — Held That First Appellate Court Erred in Granting Injunction Without Considering Balance of Convenience and Prima Facie Case Under Order 39 Rules 1 and 2 CPC.

The case involves two appeals filed by the appellants against the judgment and order of the First Appellate Court in Regular Civil Appeal Nos. 615/201...