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Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication....

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaration and injunction against the defendants, Chandraka...

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Bombay High Court Allows Deduction Under Section 80V for Interest on Borrowings for Tax Payment and Directs Recomputation of Disallowance Under Rule 6D on Aggregate Trip Basis. The Court held that Section 80V deduction is available if borrowings were for tax payment, and Rule 6D disallowance must be computed on aggregate trips per employee....

The case pertains to an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, for the Assessment Year 1985-86. The assessee, M/s Mafatlal Dyes and Chemicals Ltd., claimed deduction un...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred....

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Section 3(1) of the Conservation of Foreign Exchange...

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Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation....

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was ordered to be wound up on 15 June 2012 under Section...

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Bombay High Court Dismisses Appeals Against Arbitral Awards in Partnership Dispute — No Interference Under Section 30 of Arbitration Act, 1940 as Awards Based on Appreciation of Evidence. The court upheld the Single Judge's order dismissing petitions challenging arbitral awards, finding no error in the conclusion that the awards were based on evidence....

The case involves four appeals filed by family members challenging the order of a learned Single Judge of the Bombay High Court dismissing their petitions under Section 30 of the Arbitration Act, 1940...

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Bombay High Court Quashes Compulsory Removal of Railway Booking Clerk for Minor Misconduct — Disproportionate Punishment Set Aside. Punishment of removal from service for overcharging a decoy passenger by Rs.2 and cash shortage of Rs.122 held shockingly disproportionate under Railway Services (Discipline and Appeal) Rules, 1968....

The petitioner, Sarvjeet Chhotelal Tiwari, was a Booking Clerk with the Central Railway. On 26/11/1999, he was issued a charge-sheet alleging two charges: (1) overcharging a decoy passenger by Rs.2, a...

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Bombay High Court Dismisses Petitions Challenging Tribunal's Order Quashing Shortlisting Criteria for Civil Surgeon Selection. Held that prescribing higher qualification not advertised violates Articles 14 and 16 of the Constitution....

The case involves two writ petitions challenging a common judgment of the Maharashtra Administrative Tribunal dated 27 January 2014. The Tribunal had allowed original applications filed by Dr. Mohan A...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness....

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot of about 8680 sq ft. The respondent (plaintiff) Pan...

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Bombay High Court Dismisses Revision by Informant Against Acquittal in Murder and Arson Case — No Interference Warranted as Acquittal Based on Appreciation of Evidence. The court held that in revision, the High Court cannot reappreciate evidence unless the finding is perverse, and since the State did not appeal, the informant's revision was not maintainable....

The case arises from a criminal revision application filed by Dattatraya Narayan Shitole, the first informant, challenging the acquittal of respondent nos. 1 to 3 (Sadashiv Dada Bhosale, Gopinath Ramc...

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Bombay High Court Upholds Conviction for Abetment of Suicide and Cruelty in Dowry Harassment Case — Presumption Under Section 113A Evidence Act Applied. The court confirmed the concurrent findings of the lower courts that the husband's cruelty and demand for dowry drove the wife to commit suicide with her children....

The case involves a criminal revision application filed by Kabulsing s/o Budhasing Thakur challenging his conviction under Sections 498A and 306 of the Indian Penal Code (IPC) for cruelty and abetment...