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Bombay High Court Allows Department's Appeal in Central Excise Refund Case — Limitation Period Under Section 11B Is Mandatory and Unjust Enrichment Applies to Pre-deposit Refunds. The court held that the one-year limitation for refund claims cannot be extended and the claimant must prove no passing of duty burden....

The case involves two connected matters: an appeal by the Commissioner of CGST & Central Excise, Thane Rural, against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowi...

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Bombay High Court Allows Appeals in Motor Accident Claims, Holds Insurance Company Liable Despite Breach of Policy Conditions. The court directed pay and recover from the owner for violation of permit conditions, relying on Section 149 of the Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on an unspecified date, involving a vehicle owned by Shrihari s/o Kalyanrao Parkale (respondent No.1) and insured with New India Assurance Co. Ltd. ...

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Bombay High Court Full Bench Considers Scope of Police Powers Under Maharashtra Prevention of Gambling Act, 1887. The Reference Focuses on Whether Assistant Superintendent of Police Requires Special Empowerment by State Government to Exercise Entry, Search, Arrest, and Seizure Powers Under Section 6(1)(ii) of the Act....

The Bombay High Court, Aurangabad Bench, constituted a Full Bench to resolve a conflict between two Division Bench decisions on the interpretation of Section 6(1) of the Maharashtra Prevention of Gamb...

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Bombay High Court Quashes Reopening Notice and Order in Section 148 Proceeding. Assessee's Deduction Under Section 36(1)(viia) Could Not Be Reopened as Assessing Officer Had Considered Issue During Original Scrutiny and No New Material Justified Escapement....

The petitioner, a scheduled bank, challenged a notice issued under Section 148 of the Income Tax Act, 1961 seeking to reopen the assessment for Assessment Year 2010-11 and an order rejecting its objec...

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Bombay High Court Allows Writ Petition Challenging Rejection of Amendment of Written Statement in Property Dispute. Clarificatory Amendment Sought by Illiterate Pardanashin Lady to Incorporate Details of Gift Deed Deemed Necessary for Proper Adjudication Under Order VI Rule 17 of Code of Civil Procedure, 1908....

The matter arose from a writ petition filed before the Bombay High Court, Nagpur Bench, challenging an order dated 13/02/2020 passed by the First Appellate Court, which had rejected an application for...

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Bombay High Court Hears Second Appeal and Cross Objection in Partition Suit Concerning Joint Ownership, Benami Transaction, and Bona Fide Purchase. Substantial Questions of Law Framed on Benami Transaction, Wife's Half Share Entitlement, Self-Acquired Property Finding, and Mesne Profits Without Prayer Under Benami Transactions (Prohibition) Act, 1988....

The matter pertained to a second appeal and cross objection arising from a suit for partition and separate possession. The appellant, original defendant No.5, challenged the judgment and decree dated ...

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Bombay High Court Allows Defendants' Challenge to Conditional Leave to Defend in Summary Suit — Imposition of Deposit Condition Without Considering Defendants' Financial Capacity and Triable Issues Held Unsustainable. The Court set aside the condition of deposit of Rs.15,00,000/- and granted unconditional leave to defend under Order XXXVII Rule 3(5) CPC....

The petitioners, defendants in a summary suit filed by the respondent for recovery of Rs.25,40,001/-, challenged the Trial Court's order dated 01/04/2022 granting conditional leave to defend with a de...

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Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal of Director and Company for Non-Compliance with Section 138 Requirements. The court held that the trial court erred in acquitting the director without deciding the company's liability and misdirected itself on the issue of statutory notice....

The appellant, S. Selvakumari Perulmal, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Kaushal Realtors Pvt. Ltd. (Respondent No.1) and its Director, Rajendra M. R...

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Bombay High Court Allows Writ Petition, Directs University to Issue Mark-Sheet and Declare Petitioner Passed in B.Sc. (IT) Course. University Estopped from Challenging Admission Eligibility After Student Completed Course....

The Petitioner, Poonam Rampal Verma, filed a Writ Petition under Article 226 of the Constitution of India seeking a direction to Respondent No.1-Mumbai University to issue her mark-sheet for the VI Se...

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Bombay High Court Allows Second Application for Handwriting Expert in NI Act Case Due to Change in Circumstances. Rejection of First Application as Premature Does Not Bar Subsequent Application After Cross-Examination Under Section 138 of Negotiable Instruments Act, 1881....

The petitioner, Sagar Venkatesh Diwan, challenged two orders passed by the Judicial Magistrate, First Class, Nandurbar, in S.T.C.C. No. 528 of 2013, a proceeding under Section 138 of the Negotiable In...