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Bombay High Court Allows Writ Petition Challenging Denial of Cross-Examination in Civil Suit — Right to Cross-Examine Restored with Condition of Same-Day Examination. The court held that the right to cross-examine is valuable but can be conditioned on cooperation for speedy disposal....

The petitioners, who are defendants in a civil suit, challenged an order of the trial court that denied them permission to cross-examine the plaintiff. The trial court had fixed the matter for the pla...

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High Court of Bombay Allows Amendment in Appeal Memo in Specific Performance Suit — Petitioner Granted Opportunity to Amend Despite Delay. Amendment of pleadings under Order VI Rule 17 CPC should be liberally allowed before trial to determine real controversy, and rejection on ground of delay is not justified if no prejudice is caused....

The petitioner, Shamrao Balwantrao Kedar, filed a writ petition challenging the order dated 8-10-2014 passed by the Learned District Judge-4, Nashik, rejecting his application (Exhibit 36) seeking ame...

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High Court of Bombay Confirms Death Sentence and Dismisses Appeal in Part in POCSO and Murder Case. Conviction under Section 302 IPC and Section 4 POCSO Act upheld for brutal murder and sexual assault of a minor, but conviction under Section 10 POCSO Act set aside due to non-framing of charge....

The confirmation case and criminal appeal arose from a trial court judgment convicting the accused for the brutal murder and sexual assault of a 13½-year-old schoolgirl. The victim, daughter of Ganes...

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High Court of Bombay Dismisses Revenue's Appeal in Modvat/CENVAT Credit Case — Assessee Entitled to Credit on Moulds Supplied by OEM Without Ownership or Lease. The court held that after the 1994 amendment, Rules 57Q and 57R of Central Excise Rules, 1944 do not require ownership or lease of capital goods for availing credit; use in manufacture is sufficient....

The case involves an appeal by the Commissioner of Central Excise against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowing Modvat/CENVAT credit to the assessee, M/s...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Garden and Playground in Development Plan. Land Reserved Under Maharashtra Regional and Town Planning Act, 1966 Cannot Be Challenged on Grounds of Delay or Change of Purpose Once Acquisition Proceedings Are Initiated....

The judgment concerns two writ petitions filed by Abhijit Chandrakant Chaunda and Chandrashekhar Mallikarjunappa Bidve challenging the acquisition of their land by the Municipal Council, Latur (now Mu...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue...

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil Judge (Senior Division), Aurangabad. The dispute in...

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Bombay High Court Quashes Recovery Certificate in Cooperative Loan Dispute for Lack of Reasoned Order. Rule 86F of Maharashtra Cooperative Societies Rules, 1961 Mandates Speaking Order Before Issuance of Certificate; Revisional Authority's Dismissal Without Considering Written Arguments Set Aside....

The petitioner, Balasaheb Dhondiram Nikam, a pensioner, challenged a recovery notice dated 25 July 2011 issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) by the Ass...

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Bombay High Court Partially Allows MTNL's Challenge to Arbitral Award in False Ceiling Contract Dispute. Court Upholds Award on Certain Claims but Sets Aside Award on Claim for Price Escalation Due to Lack of Evidence and Contrary to Contract Terms....

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an arbitral award dated 29 March 2011 under Section 34 of the Arbitration and Conciliation Act, 1996, insofar as it allowed certain cl...

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Bombay High Court Dismisses Petition Challenging Property Tax Pre-Deposit Condition for Appeal Entertainment Under Mumbai Municipal Corporation Act. Pre-deposit under Section 217(2)(d) is mandatory for entertaining appeal, and interim relief cannot be granted without compliance....

The petitioners, Fleet Fastners Private Limited and another, challenged two orders: (1) an order dated 13 July 2011 by the Municipal Corporation of Greater Mumbai fixing rateable value at Rs.11,94,935...

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Bombay High Court Quashes No-Confidence Motion Against Sarpanch Due to Invalid Votes by Resigned Members. Resignation of Grampanchayat Members Takes Effect Immediately Under Section 35(3A) of Maharashtra Village Panchayat Act, 1959, Rendering Their Participation in No-Confidence Motion Void....

The petitioner, Manjulabai Govind Dhumal, was the Sarpanch of Grampanchayat Kantekur, Taluka Omerga, District Osmanabad. The Grampanchayat consisted of eight elected members and the Sarpanch, totaling...