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Supreme Court Allows Appeal in Property Dispute, Restores Concurrent Findings of Courts Below. High Court Erred in Shifting Burden of Proof Without Pleadings on Pardanasheen Status.

The Supreme Court allowed the appeal against the High Court's judgment which had set aside concurrent findings of the trial court and first appellate ...

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Supreme Court Allows Appeal of Tenant Purchaser in Deity Land Sale Dispute. Upholds Sale to Tenant Despite Higher Offer from Intervenors, Holding That Registered Sale Deeds Cannot Be Ignored and Tenancy Status Was Not Challenged.

The case involves a dispute over the sale of land belonging to the deity Sri Rama Laxman Sita Swamy Bije, managed by a fit person. The fit person soug...

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Bombay High Court Quashes Process in Defamation Case Against Accused No.1 Due to Lack of Prima Facie Evidence. Allegations of Criminal Conspiracy Under Section 120-B IPC Not Made Out as Petitioner Was Not Shown to Have Authored or Sent Defamatory Letter.

The petitioner, Anandt Hiraman Ghatole, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the order dated 25.3.2009 pa...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Agreement to Sell Not Proved Due to Absence of Independent Witnesses and Discrepancies in Evidence.

The petitioner, Ashok Maruti Dake, filed a suit for specific performance of an agreement to sell dated 15-06-1992 allegedly executed by the original d...

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Bombay High Court Dismisses Petition by Occupants Challenging Redevelopment Scheme Under DCR 33(7) — Majority Consent and Sanctioned Plans Upheld. Court held that the redevelopment scheme was validly sanctioned and the petitioners' objections were not sufficient to stall the project.

The petitioners, seventeen occupants of residential tenements in Dalal Estate, Mumbai Central, filed a writ petition under Article 226 of the Constitu...

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Bombay High Court Allows Appeal in Stamp Duty Exemption Case — Agreement to Lease Not a Lease, Notification Exemption Inapplicable. The court held that a document which is only an agreement to execute a lease in future does not qualify as a lease for exemption under the Bombay Stamps Act, 1958.

The appellant, Pankaj Ramlakhan Dubey, proprietor of M/s. Vedamsh Agro Food Products, filed a Letters Patent Appeal against the judgment of a learned ...

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Bombay High Court Upholds Constitutional Validity of Section 50C of Income Tax Act, 1961 in Stamp Duty Dispute. Development Agreement Stamp Duty Based on Ready Reckoner Rate Upheld; Section 50C Not Ultra Vires.

The petitioner, Bhatia Nagar Premises Cooperative Society Limited, is a cooperative society that owns land with a building. It entered into a Developm...

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Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Suit for Landlord's Bona Fide Need. Landlord's Title Under Will and Bona Fide Requirement for Advocate's Office Upheld Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Manhar Auto Stores, a partnership concern, was a tenant in a shop premises owned by Dr. Hansrajbhai Shah, who executed a registered Wi...