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Bombay High Court Upholds Removal of Naval Dockyard Worker for Unauthorized Absence — Dismisses Petition Against CAT Order. Disciplinary Authority's Discretion in Imposing Penalty of Removal for Habitual Absence Without Leave Upheld as Not Disproportionate....

The petitioner, Arun Waman Khadtale, was initially appointed as a casual labourer in the Naval Dockyard in 1975 and was confirmed as a permanent labourer on 7th December 1980. While working in the Nav...

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Bombay High Court Allows Second Appeal in Possession Suit — Exchange of Land Not Proved by Registered Instrument. Transfer of Property Act, 1882 Section 54 requires immovable property of value Rs.100 and above to be transferred only by registered instrument; oral exchange without registration cannot confer title....

The case involves a dispute over agricultural land Survey No.98/2. The original plaintiff Ramrao and his three brothers obtained a purchase certificate for the entire survey number in 1968, and each r...

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Bombay High Court Allows Widow's Appeal for Enhanced Compensation Under Workmen's Compensation Act — Commissioner Cannot Restrict Award to Claimed Amount When Entitled to Higher Sum. The court held that the Commissioner's reasoning to limit the award to the claimed amount is erroneous and must be set aside, directing payment of the full computed compensation....

The appellant, Smt. Raiwantabai w/o Ramdas Sardare, is the widow of Ramdas Sardare, who was employed as a Drainage Kuli (cleaner) with the Nagpur Municipal Corporation. He died in an accident on 11.03...

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Bombay High Court Hears Reference on Validity of Penalties for Non-Payment of Advance Tax and Self-Assessment Tax by Trust Claiming Charitable Exemption. The Tribunal Upholds Penalties Under Sections 273(2)(a) and 140A(3) of Income Tax Act, 1961 Despite Assessee's Reliance on Supreme Court Precedents Regarding Charitable Purpose Exemption....

The assessee, a trust founded in 1941, published newspapers and periodicals with stated charitable objects for the welfare of people from Kutch, Kathiawad, and Gujarat. The trust had previously been g...

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High Court of Judicature at Bombay Determines Factual Enquiry Whether Share Transfer Resulted in Members Exceeding Fifty. Enquiry Directed by Supreme Court in Civil Appeal No. 2481 of 2014 Following Dispute Over Validity of Pre-emption Rights in Articles of Association....

The appeal was placed before the High Court of Judicature at Bombay following a remand order by the Supreme Court in Civil Appeal No. 2481 of 2014. The Supreme Court directed the High Court to conduct...

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Bombay High Court Allows Revenue Appeal in Central Excise Refund Interest Case — Interest Not Payable for Period Before Completion of Claim Formalities. The Court held that under Section 11BB of Central Excise Act, 1944, interest on refund runs only from the date the claimant completes all formalities, not from the date of original incomplete application....

The case involves a Revenue Appeal filed by the Commissioner of Central Excise, Customs & Service Tax, Silvassa against Sterlite Industries Ltd. under Section 35G of the Central Excise Act, 1944. The ...

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Bombay High Court Stays Tender Process for DPD Transport Solution — Transporters' Association and Importer Challenge Monopolistic Selection. Interim Order Prevents JNPT from Proceeding with Tender for Selection of Five Transporters, Protecting Existing Rights Pending Final Hearing....

The dispute arose from a tender notice dated 23 March 2017 issued by the Jawaharlal Nehru Port Trust (Respondent No. 2) for selection of transporters to provide transport solutions for Direct Port Del...

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High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment....

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Procedure, 1908. The plaintiff, BNP Paribas (suisse) SA,...