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Bombay High Court Allows Remand for Maintenance Claim Under Domestic Violence Act — Lower Courts Failed to Consider Section 20(3) Relief Despite Marriage Annulment. The court held that the failure to decide the maintenance claim necessitated a remand to the Magistrate for fresh consideration....

The petitioner, Mrs. Jovita Olga Ignesia Mascarenhas e Coutinho, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the judgment/order dated 3-3-2010...

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High Court of Bombay Grants Injunction Against Former Whole-Time Director for Breach of Confidentiality and Concurrent Employment. Forwarding Customised Software Manual to Competitor and Accepting Directorship Without Approval Constitutes Threat of Breach, Necessitating Injunction....

The dispute arose from an employment agreement between Bombay Dyeing and Manufacturing Co. Ltd. and Mehar Karan Singh, who served as whole-time director from 24 July 2004 to 23 July 2009. The agreemen...

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Bombay High Court Dismisses PIL Challenging Entertainment Tax Exemption for IPL Matches — State Government's Policy Decision Not Interfered With. Policy Decision on Tax Exemption Upheld as Not Arbitrary Under Bombay Entertainment Duty Act, 1923....

The petitioner, a sitting Member of the Maharashtra Legislative Assembly, filed a Public Interest Litigation challenging the propriety of the decision taken by the State Government to grant exemption ...

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Bombay High Court Sets Aside CESTAT Order for Lack of Reasons in Central Excise Refund Case — Remands to Tribunal for Fresh Adjudication. The Tribunal failed to record reasons while reversing the Commissioner's order, violating principles of natural justice under Section 35G of the Central Excise Act, 1944....

The Commissioner of Central Excise filed an appeal under Section 35G of the Central Excise Act, 1944 against the order dated 21st September 2004 passed by the Customs, Excise & Service Tax Appellate T...

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Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951....

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various constituencies in Mumbai in the 2009 general elec...

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Bombay High Court Dismisses Writ Petition Challenging Extended Period Demand Under Section 11A of Central Excise Act — Suppression of Facts Justifies Extended Limitation. Forgings Classified Under Chapter 84 as Machinery Parts, Not Eligible for Exemption Under Notification No.223/88....

The Bombay High Court dismissed a writ petition filed by M/s Rajkumar Forge Limited and its director challenging orders of the Commissioner of Central Excise and the Customs Excise and Service Tax App...

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High Court Grants Time for Defect Removal in Second Appeal — Procedural Compliance Required....

The case involved a second appeal filed by the appellant, Prem Nandan Prasad, against the respondents, Bhrigu Nandan Prasad and others. The court noted that defects had been pointed out by the office ...

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Bombay High Court Dismisses Petitioner's Mundkar Claim Against Respondents on Government Land — Act Not Applicable to Government-Owned Land. Section 39 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 exempts government lands, and Class II occupancy does not confer ownership....

The petitioner, Shankar Babani Halarnkar, filed a writ petition challenging the order of the Administrative Tribunal in Mundkar Revision Application No.8/2005. The petitioner claimed to be a mundkar o...

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Bombay High Court Dismisses Challenge to Impleadment of Necessary Party in Injunction Suit — Plaintiff's Right as Dominus Litis Not Absolute. Court Upholds Impleadment of Gift Deed Holder Under Order 1 Rule 10(2) CPC as She Had Direct and Substantial Interest in Property Dispute Over Right of Way and Septic Tank Access....

The petitioners, Francisco Rodrigues and Celina L. Fernandes e Rodrigues, were the plaintiffs in a suit for injunction simpliciter (RCS No.53/2006/F) filed against the respondent, Angelica Rebello. Th...