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Bombay High Court Allows Summary Judgment for Recovery of Outstanding Payment for Goods Supplied — Confirmation of Debt and Part Payment Establishes Liability. The court held that a summary suit for recovery of debt is maintainable even on a running account when the debtor has confirmed the debt and made part payments, and the suit is within limitation....

The plaintiff, The Paper Products Ltd., filed a summary suit against the defendant, M/s. Venkataramana Food Specialties Ltd., for recovery of Rs. 16,08,530/- being the outstanding amount for packaging...

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High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce....

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value Added Tax Act, 2002 (MVAT Act). The respondent-ass...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Partnership Firm's Unregistered Status Does Not Bar Suit by Partners in Individual Capacity Under Section 69(2) of Indian Partnership Act, 1932....

The case involves a Civil Revision Application filed by the petitioner, Mangilal Jagrupji Jain, who was defendant no.3 in a suit for specific performance. The plaintiffs (respondents 1 to 4) along wit...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Transfer Order in Service Matter — Transfer Upheld as Administrative Necessity. Short Tenure and Alleged Malafides Not Sufficient to Interfere with Transfer Order Issued in Public Interest....

The petitioner, an Executive Engineer in the Public Works Department of Maharashtra, challenged his transfer order dated 31.5.2011 from Jalna to Yeotmal. He had been appointed as Junior Engineer in 19...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Motive and Last Seen Circumstance....

The appellants, four accused persons, were convicted by the Ad hoc Additional Sessions Judge, Kandhar, district Nanded, for the murder of one person under Section 302 read with Section 34 IPC. The cas...

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Bombay High Court Dismisses Husband's Appeal for Restitution of Conjugal Rights in Muslim Marriage Dispute — Marriage Not Proved Due to Lack of Evidence of Consummation and Cohabitation....

The appellant-husband filed a petition for restitution of conjugal rights under Muslim Personal Law, claiming he married the respondent-wife on 1.11.1997 as per Muslim rites, with a meher of Rs. 11,00...

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Punjab and Haryana High Court Dismisses Writ Petition for Non-Prosecution Due to Absence of Representation. Court held that the lack of appearance by the petitioner justified the dismissal of the writ petition....

The case involved a writ petition filed by M/s United Oil Mill Machinery & Spares Pvt. Ltd. against the State of Haryana and others. The petitioner failed to appear in court on two occasions, leading ...