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Bombay High Court Quashes EPFAT and APFC Orders Levying Damages Under Section 14B of EPF Act Due to Non-Speaking Order. APFC Mechanically Applied Maximum Damages Without Considering Employer's Written Objections, Contravening the Discretionary Nature of Para 32A....

The petitioner, a distinct establishment initially treated as part of Asia Transport Company, had been remitting EPF contributions at 10% under that bona fide belief. Following a determination under S...

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Bombay High Court Allows Writ Petition of Gram Panchayat Member Challenging Disqualification for Non-Payment of Tax — Disqualification Set Aside as Tax Bill Served on Brother Without Proof of Joint Family. Collector's Order Quashed for Lack of Specific Finding on Joint Family Status Under Section 16 r/w Section 14(h) of Bombay Village Panchayats Act, 1958....

The Petitioner, Uttam H. Jadhav, was an elected member of the Gram Panchayat of Shinde, Taluka Nasik, District Nasik. Respondent Nos.1 to 4 initiated disqualification proceedings against him under Sec...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by Lower Appellate Court. Failure to Frame Points for Determination Under Order 41 Rule 31 CPC Warrants Remand for Fresh Disposal....

The present second appeal arises from a suit for declaration and injunction filed by the original plaintiff (respondent herein) against the original defendant (appellant herein) concerning immovable p...

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Bombay High Court Modifies Conviction from Murder to Culpable Homicide in Sudden Quarrel Case. Appellant's act of stabbing deceased during sudden quarrel without premeditation falls under Exception 4 to Section 300 IPC, reducing offence from Section 302 to Section 304 Part-II IPC....

The appellant, Ravi @ Ravikumar Garejwar Anna Gauda, was convicted by the 8th Ad-hoc Additional Sessions Judge, Mumbai, on 3.3.2006 for the offence of murder under Section 302 of the Indian Penal Code...

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Bombay High Court Hears Appeals Against Interim Injunction in Enforcement of Foreign Judgment Suit; Prima Facie Case Not Established. The Single Judge's Order Granting Injunction Without Recording Findings on Essential Requirements Is Challenged Under Section 13 of the Code of Civil Procedure, 1908....

The matter arose from a suit filed by the respondents (plaintiffs) seeking enforcement of a foreign judgment dated 21 September 2010 from the District Court of Dallas County, Texas, USA. The foreign j...

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Bombay High Court Acquits Accused in Attempt to Murder and Dowry Harassment Case Due to Inconsistent Evidence and Medical Contradiction. Allegation of Pouring Kerosene and Setting Ablaze Fails as Medical Evidence Shows Accidental Burns While Cooking Under Sections 307, 498-A r/w 34 IPC....

The case arises from an incident on 19 April 1994 where complainant Mangalbai, wife of appellant Parmeshwar Bade, suffered burn injuries. She alleged that her in-laws poured kerosene on her and set he...

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Court Allows Miscellaneous Case and Delinks Writ Petition from Writ Appeal. Court Orders Listing of Petition Before Single Bench as per Roster....

The judgment pertained to Miscellaneous Case No. 1388/2011, where the court considered the request to delink a writ petition from a writ appeal. The case involved WP (C) 5582/2008, which was sought to...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case for Lack of Proper Inquiry. Commissioner's order under Section 263 set aside as no inquiry was conducted before passing the revision order....

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961, challenged the order of the Income Tax Appellate Tribunal which had set aside the Commissioner's order under Section 263. The ...