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Bombay High Court Dismisses Union of India's Petition Challenging Interest on Delayed Rebate Claims Under Central Excise Act. Interest Under Section 11BB of Central Excise Act, 1944 Held Payable from Expiry of Three Months from Date of Receipt of Rebate Claim, Not from Date of Final Adjudication....

The case involves a dispute between the Union of India (Petitioner) and Jindal Drugs Limited (Respondent) regarding the payment of interest on delayed rebate claims under the Central Excise Act, 1944....

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Bombay High Court Dismisses Petitions Challenging Disqualification of Gram Panchayat Members for Encroachment on Government Land. Disqualification under Section 14(j3) of Bombay Village Panchayats Act, 1958 is a continuing disqualification, and proceedings under Section 16 are maintainable even if encroachment is old....

The Bombay High Court disposed of four writ petitions challenging orders of the Additional Commissioner, Pune Division, which dismissed appeals against the District Collector's order disqualifying the...

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High Court of Bombay at Goa Allows Second Appeal Due to Non-Compliance with Order 41 Rule 31 CPC — Lower Appellate Court Failed to Frame Points for Determination and Provide Adequate Reasoning. The judgment of the Lower Appellate Court was set aside and the matter remanded for fresh disposal....

The present Second Appeal arises from a dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning property rights. The Trial Court had decreed the suit ...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Alleged Offences Against Brother. Court finds no credible material to warrant transfer of investigation to Crime Branch, as police had already conducted inquiry and found no substance in allegations....

The petitioner, Bertram D'Silva, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities to appoint and authorise the Crime Branch, C.I.D., Mum...

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Bombay High Court Allows Land Acquisition Compensation Redetermination Under Section 28(A) of Land Acquisition Act, 1894 — Limitation Period Computed from Date of Knowledge of Award. Petitioners' application for redetermination of compensation held within limitation as time runs from date of knowledge of the award, not from the date of award....

The petitioners, whose lands were acquired for the Mukane Dam Project, sought redetermination of compensation under Section 28(A) of the Land Acquisition Act, 1894. The award was passed on 14.12.1995....

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Bombay High Court Dismisses State's Appeal Against Acquittal in Kidnapping Case Due to Unreliable Evidence. Court held that the prosecution failed to prove the offence of kidnapping for ransom under Section 364-A IPC beyond reasonable doubt....

The State of Maharashtra filed an appeal against the acquittal of five respondents (original accused) for offences under Sections 363 and 364-A read with Section 34 of the Indian Penal Code, 1860. The...

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Bombay High Court Upholds Removal of Junior Clerk for Misconduct and Habitual Absence from Duty. Disciplinary Authority's Order of Dismissal Confirmed as Charges of Negligence and Insubordination Were Proved in Departmental Enquiry....

The petitioner, Shivdas Dodku Borkar, was a Junior Clerk in the District Court, Nagpur, and was posted at Narkhed. He was subjected to disciplinary proceedings on nine charges, including habitual abse...

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Bombay High Court Dismisses Petition of Ex-Judicial Officer Challenging Dismissal for Misconduct. Departmental inquiry found to be fair and charges proved, upholding dismissal under Rule 5 of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979....

The petitioner, a former judicial officer, challenged his dismissal from service by an order dated 31 October 2006 passed by the Joint Secretary in the name of the Governor of Maharashtra. The dismiss...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose — Reassessment Beyond Four Years Invalid Without Allegation of Non-Disclosure...

The petitioner, DIL Ltd., challenged a notice dated 8 March 2011 issued under Section 148 of the Income Tax Act, 1961, seeking to reopen the assessment for Assessment Year 2004-05. The original assess...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material Beyond Four Years. Reassessment Cannot Be Based Solely on Subsequent Year's Assessment Order Without Allegation of Failure to Disclose Material Facts....

The Petitioner, Sitara Diamond Pvt. Ltd., filed a writ petition under Article 226 of the Constitution challenging a notice dated 20 June 2011 issued under Section 148 of the Income Tax Act, 1961, seek...