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Bombay High Court Hears Batch of Petitions by Retailers and Others Challenging Service Tax on Renting of Immovable Property. The levy of service tax on renting was contested under the Finance Act, 1994, Sections 65–66, on constitutional grounds....

The judgment, delivered orally on August 4, 2011, by a Division Bench of the Bombay High Court comprising Dr. D.Y. Chandrachud and Anoop V. Mohta, JJ., pertains to a batch of over 60 writ petitions fi...

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Bombay High Court Allows Advocate's Writ Petition Against Electricity Company for Charging Commercial Tariff to Residential Flat Used as Office. Professional Use of Residential Premises by Advocate Does Not Convert Domestic Electricity Connection into Commercial Use Under Maharashtra Electricity Regulatory Commission Tariff Regulations....

The petitioner, Rajendra G. Shah, an advocate practicing in Pune, used a residential flat (Flat No. 10B, Anandmayee Apartments) as his office. Initially, the Maharashtra State Electricity Board (MSEB)...

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Bombay High Court Allows Accused's Petition to Recall Complainant's Evidence in Cheque Dishonour Case — Right to Cross-Examination Upheld. Failure to Provide Opportunity to Cross-Examine Complainant's Evidence Amounts to Violation of Principles of Natural Justice Under Section 138 of Negotiable Instruments Act, 1881....

The petitioner, Nandkumar Rajkumar Harane, was the original accused in a complaint filed by respondent Vishwas Vilasrao Kshirsagar under Section 138 of the Negotiable Instruments Act, 1881, pending be...

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Bombay High Court Allows Probation for Elderly Cancer Patient Convicted of Misappropriation — Benefit of Section 360 CrPC Granted. Repayment of Amount and Health Condition Considered Mitigating Factors for Probation Under Section 360 CrPC....

The petitioner, Smt. Dewaltai w/o Tulshidas Nandgawe, was the original accused no. 2 in a criminal case for offences punishable under Sections 409, 420, 468, and 471 read with Section 34 of the Indian...

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Bombay High Court Quashes Complaint in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the statutory notice must be sent to the correct address of the accused, and failure to do so renders the complaint not maintainable....

The applicant, Smt. Harjeet Kaur, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the criminal proceedings in Complaint Case No. 5133/2005 pending befo...

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Bombay High Court Quashes Additional Charge Under Section 325 IPC in Criminal Trial — Magistrate Exceeded Jurisdiction by Adding Charge Without Proper Application of Mind. The court held that the Magistrate must apply judicial mind before altering charges and cannot mechanically allow prosecution applications....

The applicant, Babubhai @ Irfan, was facing trial before the 3rd Judicial Magistrate First Class, Bhandara, in Regular Criminal Case No. 165 of 2006 for offences punishable under Sections 324 and 506 ...

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Bombay High Court Quashes Restraint Order Against Trust Secretary in Bombay Public Trusts Act Case — Interim Relief Granted Pending Change Report Decision. Court holds that newly elected body cannot assume office without acceptance of change under Section 41-A of Bombay Public Trusts Act, 1950....

The petitioner, Babanrao Jawade, was the Secretary of a trust and claimed to have been acting as such since 1985. The last elections to the trust were held on 26/10/2008. The respondent no.1, Dnyanesh...

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Bombay High Court Allows Municipal Corporation's Petition Against Rejection of Leave to Join Liquidator in Consumer Complaint. Section 107 of Maharashtra Cooperative Societies Act, 1960 does not require notice to Liquidator before granting leave to sue....

The petitioner, Akola Municipal Corporation, had deposited Rs. 1,31,00,000 with the respondent no.1 Bank in a fixed deposit for 31 days at 9.5% interest. The Bank did not refund the amount, leading th...

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Bombay High Court Decrees Ownership of 800 ITC Shares to Plaintiffs, Finding Transfers Forged and Broker's Claim Unproven. Defendant No.14 Failed to Discharge Burden Under Section 106 of the Indian Evidence Act, 1872, and Forged Transfer Deeds Are Void; Register of Members Ordered to Be Rectified....

The suit concerned a declaration of ownership and rectification of the register of members of ITC Ltd. (Defendant No.1) in respect of 800 shares. Plaintiff No.1 was the original owner. She, along with...

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High Court of Bombay Upholds Railway Claims Tribunal's Compensation Award in Railway Accident Case. Second Proviso to Rule 3(3) of Railway Accident (Compensation) Rules, 1990 Caps Total Compensation for Non-Schedule Injuries at Rs.40,000, Precluding Higher Claim for 50% Disability....

The case involved an appeal against a compensation award under the Railway Accident (Compensation) Rules, 1990, arising from injuries sustained by the appellant in a bomb blast on a suburban train in ...