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Bombay High Court Allows Revenue's Appeal in Rental Income Classification Case. Rental income from leasing unsold units of a commercial complex constructed by a real estate developer is assessable as business income, not income from house property.

The case involves multiple appeals filed by the Commissioner of Income Tax against the common order of the Income Tax Appellate Tribunal (ITAT) which ...

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Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

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Bombay High Court Allows Petition Challenging SEBI Summons Under Article 227 and BNSS 2023 — Summons Issued Without Proper Application of Mind Quashed. SEBI's Power Under Section 11(2) and 11(3) of SEBI Act, 1992 Must Be Exercised with Due Application of Mind and Not as a Routine Matter.

The petitioner, Neville Tuli, an entrepreneur aged 61, filed a writ petition under Article 227 of the Constitution of India and Section 528 of the Bha...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Bombay High Court Upholds Ejectment Decree Against Licensee in Maharashtra Rent Control Act Case. Licensee Cannot Claim Protection When Original Tenant Is a Government Company Exempted Under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for ejectment filed by the respondent landlords (original plaintiffs) against the applicant licensee and the original te...