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Bombay High Court Upholds Conviction of Three Accused for Attempt to Murder Under Section 307 IPC — Injured Witness Testimony and Medical Evidence Found Credible. Common Intention Established Under Section 34 IPC as Accused Attacked Victim Simultaneously with Sharp Weapons....

The judgment concerns three criminal appeals filed by accused persons convicted under Section 307 read with Section 34 of the Indian Penal Code for attempt to murder. The prosecution case was that on ...

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Bombay High Court Dismisses Revision Against Rejection of Application to Dismiss Misc. Civil Application in Execution Proceedings. Court holds that a third party purchaser cannot challenge a decree for specific performance without impleading himself in the suit, and the remedy lies in filing a separate suit for declaration of title....

The revision application was filed by Rajkumar Singh challenging the order dated 30.8.2016 passed by the District Judge-13, Nagpur, rejecting his application (Exh.32) filed in Miscellaneous Civil Appl...

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Bombay High Court Dismisses Petition Challenging Promotion in State Excise Department — Seniority and Eligibility Determined by Recruitment Rules and Select List. The court upheld the Tribunal's dismissal of the challenge to promotion of respondents to Joint Commissioner post, finding petitioner not eligible as per select list....

The petitioner, Pratapsinh Damodar Golekar, a Deputy Commissioner of State Excise, filed Original Application No.220 of 1995 before the Maharashtra Administrative Tribunal, Nagpur Bench, challenging t...

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Bombay High Court Quashes Demolition Notices Under Section 212 of Maharashtra Municipal Corporations Act, 1949 for Lack of Prior Approval of Standing Committee. Delegation of Power by Standing Committee to Commissioner Held Invalid as Standing Committee Lacks Statutory Authority to Delegate....

The petitioners challenged notices and orders issued under Section 212 of the Maharashtra Municipal Corporations Act, 1949 by the Kalyan Dombivli Municipal Corporation, which required them to pull dow...

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High Court of Bombay Addresses Divergence on Reservation Act and Promotion Policy — Constitutional Validity Issue Deemed Academic. Third Judge Holds that Tribunal Overstepped in Striking Down Reservation Act as the Core Dispute Concerned Promotion Quotas, Not Direct Recruitment Reservations....

The matter originated from a reference by the Chief Justice under Rule 7, Chapter I of the Bombay High Court Appellate Side Rules, necessitated by a divergence of opinion between two judges of a Divis...

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Bombay High Court Allows Writ Petition Challenging Award of Composite Works Contract to MSE Bidder, Holds Public Procurement Policy Inapplicable to Works Contracts. Composite Tender for Firefighting System Involving Design, Supply, and Erection is a Works Contract Not Covered Under Section 11 of Micro, Small and Medium Enterprises Development Act, 2006....

The dispute arose from a tender floated by Nuclear Power Corporation of India Limited (NPCIL), a public sector undertaking, for a comprehensive firefighting and detection system for its nuclear power ...

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Bombay High Court Allows Appeal in MVAT Case — Repairs/Reconstruction Contracts Covered Under 'Construction Contracts' for Tax Rate Purposes. The Court held that the term 'construction contracts' in Section 42(3) of the MVAT Act read with Notification dated 30 November 2006 includes repairs/reconstruction of buildings, and the rate of tax is 5%....

The appellant, Painterior (India), a registered partnership firm under the Maharashtra Value Added Tax Act, 2002 (MVAT Act), is engaged in the business of repairs and reconstruction of buildings. On 1...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation Award for Death of Motorcyclist Due to Tanker Overtaking Negligence. The court affirmed the Tribunal's finding of negligence and computation of compensation under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a fatal motor vehicle accident that occurred on 16th January 2012, when Rajendra B. Pache was riding his motorcycle (MH-11-AX-4888) from Shirwal to Dhangarwadi. At about 9:15 am, ...

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Bombay High Court Dismisses Challenge to Maharashtra's Loan Waiver Scheme for Farmers — Scheme Held Not Arbitrary or Unconstitutional. Court finds that the classification based on loan amount is reasonable and does not violate Article 14 of the Constitution....

The petitioner, Sanjaykumar Bhalchandra Patil, a farmer from Jalgaon, filed a writ petition under Article 226 of the Constitution of India challenging the Loan Waiver Scheme for agriculturists formula...

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Bombay High Court Dismisses Challenge to Maharashtra's Loan Waiver Scheme for Farmers — Scheme Held Not Arbitrary or Unconstitutional. The Court upheld the Chhatrapati Shivaji Maharaj Shetkari Sanman Yojna, 2017, finding the classification between farmers with loans up to Rs.1.5 lakh and those with larger loans to be reasonable and based on a valid policy objective....

The petitioner, Sanjaykumar Bhalchandra Patil, a farmer from Ganpur, Taluka Chopda, District Jalgaon, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...