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Bombay High Court Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary....

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Section 56(1)(a) and (b) of the Maharashtra Police Act, ...

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High Court Dismisses Application to Quash Process in Section 138 NI Act Case Against Partners of Accused Firm. Complaint's Averments That Partners Were in Charge of and Responsible for Conduct of Business Satisfied Section 141 NI Act, Negating Claim of Vicarious Liability Without Specific Role Pleading....

The case involved an application under Section 482 of the Code of Criminal Procedure, 1973 filed by two partners of a firm, seeking quashment of the order issuing process in a criminal complaint under...

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Bombay High Court Dismisses Petition Seeking Transfer of Suit to Commercial Court Under Section 15(2) of Commercial Courts Act, 2015 — Suit for Specific Performance of Agreement to Sell Immovable Property Not a Commercial Dispute....

The petitioners, original defendants in a suit for specific performance of an agreement to sell immovable property, filed a writ petition challenging the order of the Joint Civil Judge Senior Division...

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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded....

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor. The plaintiff filed Civil Suit No.72/2005 s...

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High Court of Bombay at Goa Hears Appeals Against Conviction for Murder and Robbery; Multiple FIRs and Circumstantial Evidence Examined. Appellants Challenged Sessions Case No.50/2009 Conviction Under Sections 302, 365, 394, 201 r/w 120-B IPC, Raising Issues of Double Jeopardy and Incomplete Chain of Circumstances....

These four criminal appeals arose from a common judgment and order of the Sessions Judge, North Goa, Panaji, in Sessions Case No.50/2009, convicting the appellants under Sections 365, 302, 394 and 201...

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Bombay High Court Acquits Appellants in Kidnapping for Ransom Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 364-A IPC set aside as prosecution failed to prove demand of ransom and identity of accused beyond reasonable doubt....

The judgment pertains to three criminal appeals filed by Mohammad Imdar Ali (A-4), Srinivas Gauramkondu (A-2), and Suraj Kumar Jha (A-3) challenging their conviction under Section 364-A read with Sect...

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Bombay High Court Considers Reference on Exemption for Bonded Warehouse Sales Under Section 5(2) of Central Sales Tax Act. Legal Issue Concerned Whether Transfer of Documents Before Filing Bill of Entry for Home Consumption Constitutes Sale in Course of Import Before Crossing Customs Frontiers....

The matter concerned two sales tax references made by the Maharashtra Sales Tax Tribunal under Section 61(1) of the Bombay Sales Tax Act, 1959, arising from appeals filed by the dealer M/s. Radhasons ...

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Bombay High Court Dismisses Revenue's Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act. ITAT Correctly Held That Loans to Assessee Were Not Covered as Deemed Dividend Since Lender Companies Had No Accumulated Profits....

The appeal was filed by the Principal Commissioner of Income Tax (Revenue) against the order of the Income Tax Appellate Tribunal (ITAT) dated 20th February 2015 for Assessment Year 2009-10. The Reven...

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Bombay High Court Hears Section 37 Petition Against Arbitral Tribunal’s Order Permitting Premises Inspection in a Specific Performance Dispute. The Arbitral Tribunal’s Direction Under Section 17 Was Challenged as Beyond Scope and Unnecessary, Raising Questions on Interim Measures for Evidence Gathering Under the Arbitration and Conciliation Act, 1996....

The case involved two arbitration petitions filed by Raymond Limited under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order of the Arbitral Tribunal dated 3 Decembe...

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Bombay High Court Upholds Conviction of Accused No.1 for Murder Under Section 302 IPC Based on Circumstantial Evidence and Last Seen Theory. Conviction of Accused No.2 for Simple Hurt Under Section 323 IPC Also Confirmed....

The appellant, Nazir Fakhruddin Ahmed, along with another accused, was convicted by the Sessions Judge, Pune, for offences under the Indian Penal Code. The appellant was convicted under Section 302 IP...