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Bombay High Court Quashes Magistrate's Order Directing Release of Stolen Goods to Importer Without Notice to Port Trust — Port Trust Has Lien Over Goods for Demurrage Charges Under Major Port Trusts Act, 1963. The Court held that the Magistrate must consider the statutory lien of the Port Trust and afford it a hearing before ordering release of goods....

The Petitioner, Board of Trustees of the Port of Mumbai, filed a writ petition challenging an order dated 29.07.2002 passed by the learned Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai. Th...

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Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Cruelty and Homicidal Death. Conviction under Section 498-A IPC set aside as prosecution failed to prove demand of dowry or harassment, and death was not established as homicidal....

The appellants, Ananda alias Anant Bhima Jadhav (husband), Bhika Damu Jadhav (father-in-law), and Gangubai Bhika Jadhav (mother-in-law), were convicted by the Additional Sessions Judge, Nashik in Sess...

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Bombay High Court Acquits Bill Collector in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 Set Aside as Prosecution Failed to Establish Demand and Acceptance of Bribe Beyond Reasonable Doubt....

The appellant, Bhaskar Khashaba Yewle, was a Bill Collector in the office of Tahasildar Encroachment. He was convicted by the Special Judge, Greater Bombay in Special Case No. 75 of 1990 for offences ...

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Bombay High Court Allows Second Appeal in Trust Scheme Dispute, Remands Matter for Fresh Consideration of Hereditary Trusteeship Claims. The Court held that the District Judge erred in remanding the matter without considering the merits of the scheme application and the rights of legal heirs under the Bombay Public Trusts Act, 1950....

The appellants, original applicants in Scheme Application No. 17 of 1987, sought framing of a scheme for the public trust 'Hazrat Sayyad Dalal @ Shaikh Kamal Haq @ Darvesh and Balgorkhana Bagroja, Ahm...

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Bombay High Court Allows Appeals in Railway Accident Claims — Appellants Entitled to Compensation Under Railways Act, 1989. Court holds that the Railway Claims Tribunal erred in dismissing claims on grounds of negligence and burden of proof, and that strict liability applies under Section 124A of the Railways Act, 1989....

The judgment involves four first appeals filed by the dependents of deceased persons who died in separate railway accidents. The appellants claimed compensation under Section 124A of the Railways Act,...

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Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed....

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direction for a fair investigation into Crime No. 571 o...

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Bombay High Court Dismisses Petition Challenging Invalidation of Scheduled Tribe Claim for Thakur Tribe — Pre-Constitutional Documents Outweighed by Contradictory Entries Showing 'Kunbi' Caste. The Court upheld the Scrutiny Committee's decision that the petitioner failed to prove his tribal status due to contradictory documentary evidence and lack of explanation....

The petitioner, Yash Sanjay Marathe, filed a writ petition challenging the order dated 1st October 2018 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, which invalidat...

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Bombay High Court Quashes Transfer Order of Driver in Health Services for Violation of Transfer Guidelines. Transfer of employee with less than two years at current station held contrary to Government of Goa's transfer policy requiring minimum tenure of two years....

The petitioner, Mr. Thomas George D'Souza, was employed as a driver with the Directorate of Health Services, Government of Goa, and had completed about 16 years of service. He had been transferred mul...

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Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017....

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication order denying refund of input tax credit (ITC) for ...