High Court

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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication...

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The High Court held that the ITAT exceeded its jurisdi...

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Bombay High Court Directs Refund of Excess Tax Adjustment and Expedites Disposal of Pending Appeal. Unjustified Delay in Adjudicating Stay Application and Appeal Held Prejudicial to Taxpayer’s Rights...

The court deprecated delay of over six years in deciding stay application and appeal.  Held that excess recovery was unjustified and directed refund of Rs.6,05,030/- within four weeks. Directed Comm...

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Bombay High Court Appoints Sole Arbitrator Despite Objections Regarding Privity of Arbitration Agreement...

Section 11 Petition Under Arbitration and Conciliation Act, 1996 — Jurisdiction Limited to Examining Existence of Arbitration Agreement — Scope of Review Under Section 11(6A) — Privity of Partie...

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High Court of Judicature at Bombay Declared Reservation on Petitioners’ Property Lapsed — Directed State to Publish Notification Under Maharashtra Regional and Town Planning Act, 1966...

Writ Petition Seeking Declaration of Lapsed Reservation — Non-Acquisition of Land Within Stipulated Time — Relief Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 — Peti...

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Bombay High Court Dismissed Writ Petition Challenging Unilateral Deemed Conveyance Order Passed Under Section 11 of the Maharashtra Ownership Flats Act, 1963....

Deemed Conveyance – Competent Authority’s Quasi-Judicial Jurisdiction – Civil Suit for Title and Ownership Disputes – No Interference Under Article 226 of the Constitution of India. Constitut...

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Rejection of Plaint – Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) – Limitation and Cause of Action – Requirement of Evidence at Trial....

The High Court upheld the Trial Court’s decision, stating that the issues of limitation and cause of action required detailed examination through evidence at trial and could not be summarily dismiss...

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Bombay High Court Directed Maharashtra Government to Expedite Rehabilitation and Allotment of Alternate Lands to Koyna Project Affected Persons. Court Emphasized on Right to Property as a Constitutional and Human Right, Directed Compliance Within Six Months...

Constitution of India, Article 300A – Right to Property – Court recognized the right to property as a constitutional and human right – Failure of State Government to provide rehabilitation for d...

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Bombay High Court Quashes Order Condoning Delay of Over 9 Years in Seeking Recall of Withdrawal of Suit...

High Court Observed – Application for Condonation of Delay Lacked Bona Fide and Sufficiency of Cause (Para 25) The High Court quashed and set aside the impugned order, rejecting the application for...

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High Court of Bombay Directed Restoration of Admission of PwD Candidate in MBBS Course by Creating a Supernumerary Seat. A candidate with speech and multiple disabilities held eligible for medical education and PwD reservation despite exceeding the benchmark disability limit....

Constitution of India, 1950 — Article 14 — Article 21 — Article 41 — Right to Equality — Right to Life — Directive Principles of State Policy — Court upheld the right to education and in...

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Conviction Under Indian Penal Code and Protection of Children from Sexual Offences Act Upheld – DNA Evidence Confirmed Biological Parentage...

Conviction and Sentence Confirmed – Consent Obtained Under Misconception of Fact – Victim Below Eighteen Years of Age (a) Consent of Minor Irrelevant Under POCSO Act – Section 6 Automatically A...