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Bombay High Court Allows Revision Application and Discharges Accused in Corruption Case Due to Lack of Sanction for Prosecution. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant, and its absence vitiates the proceedings.

The case involves a criminal revision application filed by Sunil Achyutrao Thete, who was charged with offences under Sections 7, 12, 15, 13(1)(d) rea...

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Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right.

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitutio...

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Bombay High Court Dismisses Revenue Appeal on Technical Know-how Fees and Duty Free Advance Licence Issues. Technical know-how fees paid under non-exclusive licence for limited period held revenue expenditure; Duty Free Advance Licence not real income under Section 28(iv) of Income Tax Act, 1961.

The appeal by the Revenue challenged the order of the Income Tax Appellate Tribunal regarding assessment year 1999-2000. The assessee, M/s Essel Propa...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

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Bombay High Court Dismisses Writ Petition in Land Mutation Dispute — Mutation Entries Do Not Confer Title, Remedy Lies Before Civil Court. Revenue authorities' mutation proceedings are fiscal inquiries and do not create legal rights; the petitioner must approach the civil court for title disputes.

The petitioner, Ibrahim Khan, filed a writ petition before the Bombay High Court (Nagpur Bench) challenging an order passed by the Additional Commissi...

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Bombay High Court Allows State's Petition Challenging Tribunal Order Quashing Suspension of Tahsildar. Government Resolution Waiving Penalty for Illegal Mining Was Stayed at Time of Tribunal Order, But Suspension Set Aside on Grounds of No Prima Facie Case.

The case involves two writ petitions challenging a common judgment and order dated 24-11-2023 of the Maharashtra Administrative Tribunal in Original A...