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Bombay High Court Dismisses Application to Set Aside Ex Parte Decree in Suit for Want of Written Statement. Rule 89 of Bombay High Court (Original Side) Rules Allows Judgment Without Separate Notice of Motion Where Written Statement Not Filed Within Time....

The case involves a Notice of Motion filed by the 1st defendant (Aviation Travels Pvt Ltd) seeking to set aside an ex parte order dated 7th October 2003 passed by SJ Vazifdar J. The order was for judg...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award as Not Maintainable Due to Failure to Issue Prior Notice Under Section 34(5) of the Arbitration and Conciliation Act, 1996. The Court Held That the Requirement of Prior Notice Is Mandatory and a Condition Precedent for Filing a Section 34 Application....

The petitioner, Maharashtra State Road Development Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award dated 28th April 201...

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Bombay High Court Considers Legality of Customs Broker Licence Suspension Due to Delay in Submitting Inquiry Report. Interpretation of Regulation 20(5) of Customs Brokers Licensing Regulations, 2013 — Whether Time Limit of 90 Days for Inquiry Report is Mandatory or Directory....

A group of customs appeals was filed by the Principal Commissioner of Customs (General), Mumbai, against various customs broker licence holders before the High Court of Judicature at Bombay. The core ...

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Bombay High Court Directs State to Implement Deputy Director's Order for Teacher's Absorption. Petitioner's appointment as Assistant Teacher from 1994 was not forwarded despite possessing B.Ed. qualification, while 13 later-appointed trained teachers were approved....

The petitioner, Mhasu Raghunath Avhad, filed a writ petition seeking a direction to the respondents (State of Maharashtra and others) to implement the decision of the Deputy Director of Education, whi...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty and Dowry Demand. State's appeal fails as prosecution could not establish that deceased was subjected to cruelty or harassment for dowry soon before her death under Section 304-B IPC....

The State of Maharashtra appealed against the acquittal of five accused persons (respondents) by the Additional Sessions Judge, Udgir, in Sessions Case No. 30/2005. The accused were charged with offen...

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Bombay High Court Dismisses Educational Society's Challenge to Pay Back Wages Ordered by School Tribunal. Back Wages Liability Falls on Employer, Not State Government, Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Rajapur Shikshan Prasarak Mandal Ratnagiri, a registered society running an educational institution, filed a writ petition challenging the order of the Education Officer (Secondary) Ra...

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Bombay High Court Acquits Police Hawaldar in Corruption Case Due to Inconsistent Evidence and Procedural Lapses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988....

The appellant, a Police Hawaldar, was convicted by the Special Judge, Karad for demanding and accepting a bribe of Rs. 1000 from the complainant to avoid arresting the complainant's wife and children ...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit Under Order VI Rule 17 CPC — Rejection of Amendment on Grounds of Delay and Change of Nature of Suit Set Aside. The court held that amendments should be liberally allowed to determine the real controversy, and delay alone is not a ground for rejection unless it causes irreparable prejudice....

The petitioner, defendant No.1 in the original suit, challenged the order dated 15.07.2013 passed by the II Additional Senior Civil Judge, Mangalore, rejecting I.A. No.13 filed by the plaintiff under ...

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Bombay High Court Allows Assessee's Appeal in Central Excise Refund Dispute, Remands Matter for Fresh Adjudication on Passing On of Duty. Quasi-Judicial Authority Must Objectively Assess Evidence and Provide Opportunity to Produce Documents to Determine Whether Duty Was Passed On Under Section 11B of Central Excise Act, 1944....

The appeal arose from a refund claim of excise duty under the Central Excise Act, 1944. The appellant manufactured snuff of tobacco, which prior to 1 April 1989 was classified under Entry 2404.50 of t...

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High Court of Judicature at Bombay Dismisses Writ Petition Challenging Execution Order for Demolition, Upholding Ancillary Power of Executing Court. Constructive Res Judicata Applied for Not Objecting to Execution Notice Under Order XXI Rule 22 CPC, and Order XXI Rule 35(3) Allowed Incidental Demolition Direction for Possession....

The dispute arose from a suit filed by the respondent (plaintiff) seeking a declaration that the petitioner (defendant) had no right to discharge rain water on the plaintiff's land, possession of an a...