Bombay High Court Considers Application to Vacate Arrest Order of Vessel in Admiralty Suit. The Court Examines Alleged Suppression of Facts and Non-compliance with Caveat under Section 148A CPC....
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Bombay High Court Allows Customs Appeal Against CESTAT Order Waiving Late Fees for Delayed Bill of Entry Filing. Late Fee Under Section 46(3) of Customs Act, 1962 Is Mandatory and Not Discretionary for Delayed Filing Beyond Prescribed Period....
The Principal Commissioner of Customs, Pune, filed an appeal under Section 130 of the Customs Act, 1962 against the final order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai...
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High Court
Bombay High Court Allows Appointment of Arbitrator in Sub-Contract Dispute Over Excavation Work — Rejects Objection on Limitation and Non-Existence of Dispute. Court holds that existence of arbitration clause and failure of respondent to pay amounts due constitutes a dispute, and limitation is a mixed question of fact for the arbitrator....
The applicants, Vishwajit Sud & Co. and Vishwajit Infrastructure Pvt. Ltd., filed two applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral tr...
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High Court
Bombay High Court Allows Discharge of Accused in Cheating and Rape Case Due to Consensual Relationship and Lack of Deception from Inception. Promise to Marry Not Fulfilled Does Not Constitute Rape or Cheating When Relationship Was Consensual and Prosecutrix Was Aware of Accused's Marital Status....
The petitioner, Siddharth Narendra Banthia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3rd September 2021 passed by the Additional Sessions Judge, ...
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High Court
Bombay High Court Quashes Section 179 Order Against Director for Tax Dues of Company — No Finding of Willful Default or Non-Recovery Despite Reasonable Steps. The order under Section 179 of the Income Tax Act, 1961, was set aside as it failed to record a finding that the non-recovery of tax dues from the company was due to gross neglect, misfeasance, or breach of duty on the part of the director....
The petitioner, Rajendra R. Singh, Chairman and Managing Director of Crest Paper Mills Limited (CPML), challenged an order dated 13 February 2018 passed under Section 179 of the Income Tax Act, 1961, ...
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High Court
High Court of Karnataka Enhances Compensation for Death of Court Amin in Motor Vehicle Accident - Negligence and Liability of Insurer Upheld. Multiplier of 9 applied as per Sarla Verma; conventional heads enhanced as per Pranay Sethi....
The appeal was filed by the legal representatives of the deceased M. Basavarajappa, who died in a motor vehicle accident that occurred on 19.07.2007. The deceased was a Court Amin aged 59 years, earni...
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High Court
Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Placement of Bail Documents. Failure to place bail applications and orders before the Detaining Authority vitiates subjective satisfaction under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders, Dangerous Persons and Video Pirates Act, 1981....
The petitioner, Ramesh Dandekar, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the detention order dated 01.12.2021 passed by the District Magistrate, Yavatmal, det...
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High Court
Bombay High Court Allows Petition Challenging Freezing of Pension Account in Criminal Investigation. Investigating Officer's Direction to Freeze Bank Account Under Section 91 Cr.P.C. Held Illegal as It Amounts to Attachment Without Statutory Authority....
The petitioner, Ishwar Marotrao Kumbhare, a retired bank manager, filed a criminal writ petition challenging a letter/communication dated 27.08.2020 issued by the Investigating Officer (Respondent No....
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High Court
Bombay High Court Holds Land Owner's Consent Essential for Mode of Acquisition Under Section 126(1) MRTP Act — TDR Grant Requires Agreement, Not Unilateral Authority Action. The Court ruled that the option between monetary compensation and TDR under Section 126(1) of the Maharashtra Regional and Town Planning Act, 1966 is not solely with the acquiring authority but requires the consent of the land owner....
This judgment arises from a reference made by a Division Bench of the Bombay High Court at Nagpur, which disagreed with the view taken in Asha Sunil Zawar v. State of Maharashtra & Ors. (W.P. No.5938 ...
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High Court
Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown....
The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging the order dated 25/07/2022 passed by the Civil Ju...
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