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Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

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Bombay High Court Dismisses Appeals in Land Dispute and Teacher Recruitment Cases — Upholds Single Judge's Orders on Limitation and Selection Process. In LPA No.177/2012, appeal dismissed as barred by limitation; in LPA No.288/2011, selection of respondent upheld as per rules.

The judgment comprises two Letters Patent Appeals. LPA No.177/2012 arises from a land dispute where the appellants challenged an order of a Single Jud...

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High Court of Bombay Examines Jurisdictional Challenge to Transfer Pricing Adjustment on Equity Share Issuance. Whether Alleged Shortfall in Premium Constitutes Income from International Transaction Under Chapter X of Income Tax Act, 1961.

Vodafone India Services Pvt. Ltd. (the Petitioner), a wholly owned subsidiary of a non-resident holding company, required funds for its telecommunicat...

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Bombay High Court Hears Writ Petition Challenging Taxation of Alleged Shortfall in Share Premium Under Transfer Pricing Provisions. The Dispute Centers on Whether Chapter X of the Income Tax Act, 1961 Can Apply When No Actual Income Arises from the International Transaction.

The petitioner, Vodafone India Services Pvt. Ltd., a wholly owned subsidiary of a non-resident holding company, issued 2,89,224 equity shares at a pre...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proximity Between Offences and Public Order. Detenu's Criminal Activities Found to Affect Law and Order Only, Not Public Order, Rendering Preventive Detention Invalid.

The petitioner, Pranali Yogesh Karkhandis, challenged a detention order dated 23rd January 2023 passed by the Commissioner of Police, Thane City, unde...

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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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Bombay High Court Dismisses Appeal by Cooperative Society Challenging Land Acquisition for Municipal Road. Land Reserved for Road in Development Plan Cannot Be Used for Other Purposes Under Maharashtra Regional and Town Planning Act, 1966.

The appellant, Ambernath Sahakari Samudayik Shetki Society Limited, filed a Letters Patent Appeal against the dismissal of its writ petition challengi...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...