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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Election Petition — Application Filed After Issues Framed Held to Be Delaying Tactic. The court upheld the trial court's order imposing costs for protracting the election petition.

The petitioner, Prakash Devji More, was elected as a Councillor of the Municipal Corporation of Greater Mumbai (MCGM) on 23/02/2017. The respondent No...

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Bombay High Court Dismisses Father's Appeal in Child Custody Dispute, Upholds Mother's Custody Based on Child's Welfare. The court held that the welfare of the child is paramount, and the mother's custody was in the child's best interest under Section 6 of the Hindu Minority and Guardianship Act, 1956.

The case involves a custody dispute between the appellant father, Mr. Arun Sharma, a Hindu, and the respondent mother, Roxann Sharma, a Christian Amer...

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Bombay High Court Dismisses Revision Against Order Postponing Decision on Maintainability and Limitation to Trial. Interlocutory Order Not a 'Case Decided' Under Section 115 CPC.

The applicant, a registered public trust, was sued by the respondent for specific performance of an agreement to sell trust property and for a mandato...

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Bombay High Court at Goa Dismisses Defendants' Writ Petition in Suit for Possession and Mesne Profits — Issues of Mundkarship and Tenancy Not Referable to Mamlatdar as They Are Not Substantial and Triable by Civil Court.

The case involves a suit for possession and mesne profits filed by the plaintiffs (respondents) against the defendants (petitioners) in respect of a p...