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Bombay High Court Allows Appeal in MVAT Case: Agreement for Software Bug Fixing Held as Service Contract, Not Sale of Software. Services provided under agreement for removal of bugs/errors in software constitute repair and maintenance services, not development or customization, and are not taxable as sale of software under MVAT Act....

The appellant, Atos India Private Limited, is engaged in providing services relating to repair and maintenance of software and holds Service Tax Registration and registration under the Maharashtra Val...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Non-Registration of FIR Does Not Bar Negligence Finding. Claimant's Complaint and Medical Evidence Sufficient to Prove Accident and Negligence Under Motor Vehicles Act, 1988....

The New India Assurance Co. Ltd. appealed against the judgment and order of the Motor Accident Claims Tribunal, Mumbai, which had fixed liability on the insurer for compensation arising from a motor a...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Concluded Contract. Document lacking vendor's signature and containing incomplete terms cannot be enforced under Section 16(c) of the Specific Relief Act, 1963....

The appellants (original defendants) challenged the trial court's decree for specific performance of an alleged agreement to sell dated 1st October 2008. The respondents (original plaintiffs) claimed ...

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Bombay High Court Quashes Customs Order-in-Original for Defying Advance Ruling on Betel Nut Classification. Authority for Advance Rulings' classification of betel nut products under CTH 2106 90 30 is binding on Customs authorities under Section 28J of the Customs Act, 1962....

The petitioner, Isha Exim, a business engaged in importing edible products including processed betel nut (supari), challenged an Order-in-Original dated 11 November 2022 passed by the Deputy Commissio...

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Bombay High Court Upholds Labour Court's Condonation of Delay in ULP Complaint; Industrial Court's Reversal Quashed. Delay Caused by Bona Fide Pursuit of Civil Suit Under Mistaken Belief of Non-Employee Status Constitutes Sufficient Cause Under MRTU and PULP Act....

The matter arose from a writ petition filed under Articles 226 and 227 of the Constitution of India before the Bombay High Court challenging an order of the Industrial Court, Thane dated 10.02.2023 pa...

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Bombay High Court Allows Writ Petition Against Industrial Court Rejection of Condonation of Delay in Unfair Labour Practice Complaint. Employee's Delay of Six Years Four Months Held Sufficiently Explained by Bona Fide Civil Court Proceedings Under MRTU and PULP Act, 1971....

The petitioner, a former Branch Manager of a cooperative bank, was dismissed from service on 2 March 2012 on the ground of consuming alcohol while on duty. He challenged the dismissal before the Civil...

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Bombay High Court Dismisses Judgment Debtors' Petition Challenging Execution of Decree — Decree Attained Finality Up to Supreme Court. Appointment of Court Commissioner for Measurement and Possession Upheld as Executing Court Cannot Go Behind Decree....

The petitioners, who are judgment debtors, challenged a common order dated 15.09.2023 passed by the learned Joint Civil Judge Junior Division, Kannad, in Regular Darkhast No. 10 of 2004. The impugned ...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Sections 302 and 326 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Vishnu S/o Jagganath Gund, was convicted by the Additional Sessions Judge, Beed for the murder of Raosaheb Bhau Dukare and causing grievous hurt to Ashok Vishwanath Dhavan under Section...

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High Court of Karnataka Acquits Son in Parricide Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction under Section 302 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt....

The appellant, Patreppa S/o. Sangappa Uppin, was convicted under Section 302 IPC for the murder of his father, Sangappa Baseteppa Uppin, and sentenced to life imprisonment. The prosecution alleged tha...