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Bombay High Court Dismisses Petition Challenging Rejection of Kar Vivad Samadhan Scheme Declaration Under Section 72 of Customs Act, 1962. Declaration Filed Beyond Scope of Scheme as It Sought to Include Disputes Not Covered by Pending Appeal....

The petitioners, Anup Engineering Limited and Shri V.R. Shah, filed a writ petition in the High Court of Judicature at Bombay challenging an order/communication dated 2nd December, 1998, whereby the d...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 read with 34 IPC set aside as prosecution failed to establish the common object and individual overt acts beyond reasonable doubt....

The judgment pertains to two criminal appeals filed by the original accused No.1 (Shafi Nabab Sayyed) and accused No.2 (Asim Jamaloddin Momin) challenging their conviction under Section 302 read with ...

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Bombay High Court Upholds Conviction of Husband for Murder of Pregnant Wife in Spearhead Blade Assault Case. Repeated Stab Wounds on Vital Parts Constitute Murder Under Section 302 IPC as Intention to Cause Death is Evident from Fatal Injury to Chest Puncturing Heart....

The appellant, Shiv Kisanlal Katare, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Laxmi, by the 2nd Adhoc Additional Sessions Judge, Nagpur in Sessions Case No....

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Bombay High Court Allows Appeal in Land Acquisition Case — Enhances Compensation from Rs.4 to Rs.100 per sq.metre. Sale deed of comparable plot considered with deductions for development charges and location disadvantages under Land Acquisition Act, 1894....

The case involves a First Appeal under the Land Acquisition Act, 1894, arising from the acquisition of land bearing survey no.44/5 admeasuring 2400 sq.metres in Duncolim-Seraulim, Goa, for a village s...

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Bombay High Court Allows Recovery Suit Against Customs for Wrongful Sale of Goods Held by Court Receiver. Plaintiff entitled to refund of purchase price paid to Court Receiver for goods that could not be delivered due to prior sale by Customs....

The suit was filed by M & H Enterprises Pvt. Ltd. (Plaintiff) against the Court Receiver, High Court, Bombay (Defendant No.1) and the Commissioner of Customs (Defendant No.3) among others, for recover...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Workman in Frankie Stall Dispute — Termination Found Illegal Due to Non-Compliance with Section 25F of Industrial Disputes Act, 1947. Employer's Claim of Abandonment of Service Rejected as Unsubstantiated....

The petitioner, M/s Milestone (Franki Stall), a proprietary concern running a Frankie stall, employed the first respondent, Mathew D'souza, as a helper in 1994. On 18th March 1996, a fire broke out in...

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Bombay High Court Allows Petition Challenging Valuation of Suit for Court Fees in Property Dispute. Court holds that where a sale deed is challenged as void ab initio, the plaintiff need not pay ad valorem court fees on the market value of the property, and the suit is properly valued under Section 6(iv)(j) of the Bombay Court Fees Act, 1959....

The petitioner, original defendant No.1, challenged the valuation of the suit for the purpose of payment of court fees. The respondents, original plaintiffs, filed Suit No.1132 of 2009 seeking a decla...

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Bombay High Court Allows Appeal in Service Matter Against Sugar Factory for Recovery of Salary and Benefits. Appellant entitled to difference of salary, leave salary, unpaid salary, annual increments, provident fund, and gratuity as per the Industrial Employment (Standing Orders) Act, 1946 and the Bombay Industrial Relations Act, 1946....

The appellant, Ganesh Raghunath Mamidwar, filed a suit for recovery of Rs.3,73,266/- against the respondents, Devgiri Sahkari Sakhar Karkhana Ltd. and others, for difference of salary, leave salary, u...

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High Court of Bombay Dismisses Revenue's Appeal in CENVAT Credit Case for Mobile Phone Services. Circular Restricting Credit Held Not Binding as Statutory Rules Allow Credit for Input Services Used in Relation to Business....

The Commissioner of Central Excise, Nagpur, appealed against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which allowed CENVAT credit of service tax paid on mobile phon...