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Bombay High Court at Goa Quashes Fraudulent Birth Certificate Issued Under Executive Magistrate's Order — Circular Dated 10.5.1974 Held Invalid for Lack of Publication. Executive Magistrate's Power Under Section 13(3) of Registration of Births and Deaths Act, 1969 Cannot Be Delegated to Registrar Without Proper Notification....

The petitioners, Jayraj Nagesh Naik and Manoj Nagesh Naik, filed a writ petition challenging the orders dated 9.12.1980 and 13.1.2014 passed by the Executive Magistrate of Canacona and the Registrar o...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree Based on Part Performance and Possession. Agreement of Sale Dated 1971 and 1972 Enforced as Plaintiffs Proved Readiness and Willingness and Were Put in Possession Under Section 53A of Transfer of Property Act, 1882....

The appellants, original plaintiffs, filed a suit for specific performance of an agreement of sale dated 23rd July 1971 (Exh. 29) and another agreement dated 3rd April 1972 (Exh. 51) for suit land Gut...

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Bombay High Court Allows Set-Off Under Rule 41D for Export Sales of Exempted Pens. The court held that exemption notifications under Section 41 of the Bombay Sales Tax Act, 1959 do not bar the claim for set-off under Rule 41D of the Bombay Sales Tax Rules, 1959 for export sales of fountain pens and ball pens....

The case involves two sales tax references (No.12 and 13 of 2006) filed by M/s. Anand International, a partnership concern manufacturing, selling, and exporting pens and ball pens. The assessee was re...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders....

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road Development Project. The petitioners, consisting o...

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Bombay High Court Allows Revenue's Appeal on Employees' Contribution Deduction in Income Tax Case. Employees' contribution to PF/ESI/pension fund is deductible under Section 36(1)(va) only if paid before due date, not under Section 43B....

The case involves two appeals filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal (ITAT). The responde...

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INCOME TAX APPEAL NO. 499 OF 2012...

The appeal before the High Court arose out of an order passed by the Income Tax Appellate Tribunal (ITAT) dismissing the assessee's appeal and upholding the exercise of revisionary jurisdiction by the...

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High Court of Bombay Hears Appeal Against Conviction Under Section 120B r/w 302 IPC. Conviction Stemmed from Alleged Conspiracy to Murder Inder Bhatija by Accused No.1 and Others....

The appeal arose from the conviction and sentence of accused No.1 Pappu @ Suresh Budharmal Kalani by the Additional Sessions Judge, Kalyan in Sessions Case No.218 of 1999. He was convicted for an offe...

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High Court of Bombay Examines Challenge to Arbitral Award Directing Payment of Rs.9,28,188.45 with Interest. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from a member-client dispute over stock market transactions and margin shortfalls....

The petitioner filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Bombay, challenging an Arbitral Award dated 12 Septem...

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Bombay High Court Quashes Compulsory Retirement of Judicial Officer for Non-Application of Mind and Violation of Natural Justice. Recommendation by Review Committee before amendment of Rule 19 cannot be basis for order under amended rule without fresh consideration....

The petitioner, a Judicial Officer, challenged an order of compulsory retirement dated 28.09.2011 passed under the Maharashtra Judicial Services Rules, 2008 (as amended on 06.08.2011) and the Maharash...

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Bombay High Court Quashes Compulsory Retirement of Judicial Officer for Non-Application of Mind and Violation of Natural Justice. Review Committee Recommendation Without Considering Petitioner's Representations and Without Providing Opportunity of Hearing Held Invalid Under Rule 19 of Maharashtra Judicial Services Rules 2008....

The petitioner, Avinash Vitthalrao Choudhary, a judicial officer appointed as Civil Judge (Junior Division) and Judicial Magistrate First Class on 14 August 1995, challenged the order of compulsory re...