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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Based on Acquisition of Suitable Residence. Purchase of Plot in Wife's Name and Construction of House Does Not Conclude Acquisition of Suitable Residence Under Section 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a dispute between the legal representatives of the original defendant-tenant (petitioners) and the legal representatives of the orig...

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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Dismisses Revenue's Appeal in CENVAT Credit Case for Outdoor Catering Services. Outdoor Catering Service Provided to Factory Employees Held as Input Service Under Rule 2(l) of Cenvat Credit Rules, 2004 Due to Statutory Obligation Under Factories Act, 1948.

The Commissioner of Central Excise, Nagpur, appealed against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which allowe...

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Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Transaction Charges. Transaction charges paid to stock exchanges are not fees for technical services under Section 194J of the Income Tax Act, 1961, as stock exchanges perform regulatory and administrative functions.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the assessment y...

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Bombay High Court Allows Writ Petition Challenging Electricity Tower Construction on Agricultural Land Without Consent. Landowners' Rights Under Article 300A of the Constitution Upheld Against State's Unilateral Action.

The petitioners, Kishor s/o Ravindra Zope, Pradip s/o Ravindra Zope, and Pushpabai (Punyabai) w/o Ravindra Zope, are agriculturists residing in Warang...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Circumstantial Links. Conviction under Section 302 IPC set aside as prosecution failed to prove motive and chain of circumstances beyond reasonable doubt.

The appellant, Chandrasen Maruti Dhotre, was convicted by the Sessions Judge, Sangli in Sessions Case No. 111 of 1999 for the murder of his brother-in...