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Bombay High Court Allows Writ Petition Challenging Legal Heirship Certificate Granted Ex-Parte Under Bombay Regulation VIII of 1827. Failure to Allow Cross-Examination and Lead Evidence Violates Natural Justice — Matter Remanded for Fresh Consideration....

The petitioners, who are the widow and children of the deceased Babarao Dhawangale, challenged the orders of the 3rd Joint Civil Judge, SD, Nagpur dated 4.3.2013 and 30.4.2013. The respondent Kusum ha...

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Bombay High Court Upholds Life Conviction for Murder by Burning Wife Alive — Dying Declaration and Circumstantial Evidence Sufficient to Prove Guilt Under Section 302 IPC. The court held that the dying declaration of the deceased, recorded by a police constable and corroborated by oral testimony, was reliable and could be the sole basis for conviction....

The appellant, Bhimrao Baban Shinde, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Ujwala, by pouring kerosene on her and setting her on fire. The incident...

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Bombay High Court Upholds Disqualification of Municipal Councillor for Defying Party Whip Under Maharashtra Local Authority Members Disqualification Act, 1986. The Court held that the Petitioner's act of voting against the party whip constituted defiance, warranting disqualification under Section 3(1)(b) of the Act....

The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in December 2011. She, along with 8 other councillors, forme...

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Bombay High Court Allows Workman's Petition in Part in Industrial Dispute Case — Denial of Backwages Set Aside. The Court held that the Labour Court's denial of backwages was perverse and not based on evidence, and awarded 50% backwages for the period between illegal termination and reinstatement under Section 11A of the Industrial Disputes Act, 1947....

The petitioner, Shashikant Gangaram Narkar, was employed as an H.T. Assembler with the respondent employer, M/s. Advance Transformers & Equipments Pvt. Ltd., from 18 January 1971. In 1992, a chargeshe...

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Bombay High Court Quashes Stamp Duty Demand Against Successors in Interest Due to Violation of Natural Justice. Predecessor in title not given opportunity of hearing before determination of deficit stamp duty under Maharashtra Stamp Act, 1958....

The petitioners, who are the legal heirs and successors in interest of one Abubakar Memon, filed a writ petition under Article 226 of the Constitution of India challenging two orders: (i) an order dat...

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High Court of Karnataka Allows Revision Petition in Input Tax Credit Dispute Under KVAT Act — Sunflower De-oiled Cake Held Taxable as 'Goods' Under Schedule Entry. The court held that the residue Sunflower De-oiled Cake is a taxable manufactured product under the Schedule to the Karnataka Value Added Tax Act, 2003, entitling the assessee to full input tax credit....

The assessee, M/s M K Agro Tech (P) Ltd, a private limited company engaged in extraction and sale of refined sunflower oil from sunflower oil cake using solvent extraction process, and also trading in...

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Bombay High Court Upholds Conviction for Attempt to Rape a Minor Scheduled Caste Girl Due to Lack of Cross-Examination by Defence. Failure to cross-examine prosecution witnesses on material aspects leads to admission of their evidence, confirming guilt under Section 376/511 IPC and Section 3(1)(xi) of SC/ST Act....

The appellant, Anantram @ Moru s/o Babulal Bawankar, was convicted by the trial court for offences punishable under Section 376 read with Section 511 of the Indian Penal Code (attempt to rape) and Sec...

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Bombay High Court Allows Petitions of Sweepers Challenging Termination Without Inquiry. Termination of daily-wage sweepers by Municipal Council set aside for violation of Model Standing Orders and principles of natural justice....

The petitioners, Ram Pyarelal Khicher and Sunita Raju Paisadeli, were employed as sweepers by the Municipal Council, Ramtek. Ram was appointed on 8.12.1994 and Sunita on 1.9.1994. They were terminated...