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Bombay High Court Allows Writ Petition Against Tribunal's Order in Contempt Proceedings for Changing Deemed Date of Promotion. Tribunal Exceeded Jurisdiction by Modifying Final Judgment in Contempt Proceedings....

The petitioner, Dr. Sudhakar Namdeorao Gumble, a retired government employee, filed a writ petition challenging the judgment and order dated 8.1.2010 passed by the Maharashtra Administrative Tribunal,...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings on Ownership and Possession. Counterclaim for Ownership Based on Adverse Possession Fails as Appellants Failed to Prove Hostile Possession and Ouster of True Owners....

The case involves a property dispute between two sets of parties over a house and land in Bicholim, Goa. The respondents/plaintiffs (Shaikh Mohammad Ali and Sakhina Bi) filed a suit for declaration of...

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Bombay High Court Allows Rebate Claim of Dealer in Central Excise Case — Revenue's Revision Rejected for Ignoring Evidence. Dealer entitled to rebate under Rule 12(1)(a) of Central Excise Rules, 2002 read with Section 35EE of Central Excise Act, 1944 when duty paid to manufacturer and not passed on to exporter....

The Petitioners, M/s. Madhav Steel (a partnership firm) and its partner R.J. Virwadia, filed a writ petition challenging the Order dated 29th May 2006 passed by the Joint Secretary (Respondent No.2) i...

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Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order in Central Excise Duty Evasion Case. Petitioner, a 100% EOU, cleared goods to DTA without permission and duty payment, leading to demand of Rs. 33,96,718/-....

The petitioner, M/s. Viva Herba Pvt. Ltd., a 100% Export Oriented Unit (EOU) engaged in manufacturing vegetable extracts, filed a writ petition under Article 226 of the Constitution of India challengi...

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Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence....

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of property, and alternatively for return of considerati...

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Bombay High Court Allows Insurance Claim for Loss in Transit Under Marine Insurance Policy. Plaintiff entitled to recover sum insured with interest as per contract terms....

The Plaintiff, Hindustan Copper Ltd., filed a suit for recovery of Rs.11,35,053.82 with interest from the Defendant, New India Assurance Co. Ltd., for loss of material in transit. The Plaintiff had in...

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Bombay High Court Dismisses Municipal Corporation's Petition to Acquire Land by Offering FSI/TDR Without Owner's Consent. Corporation Cannot Unilaterally Substitute Monetary Compensation with Development Rights Under Bombay Provincial Municipal Corporation Act, 1949....

The petitioner, Bhiwandi Nizampur City Municipal Corporation, a municipal corporation established under the Bombay Provincial Municipal Corporation Act, 1949, sought to acquire private lands owned by ...

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Bombay High Court Quashes Externment Order in Bombay Police Act Case — Failure to Consider Less Restrictive Measures. Externment Order Set Aside as Authorities Did Not Consider Whether Petitioner Could Be Dealt With Under Other Provisions of Law Before Resorting to Section 56(1)(a)(b) of Bombay Police Act, 1951....

The petitioner, Sandip Devidas Thorat, a resident of Kopargaon, Ahmednagar, was issued a show cause notice dated 15th April 2009 by the Sub-Divisional Police Officer, Kopargaon, directing him to remov...

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Bombay High Court Allows Writ Petition Against Registrar’s Order Refusing Permission Under Maharashtra Cooperative Societies Act, 1970 to Sue Liquidator. Court Holds That Permission Under Section 107 is a Formality and Registrar Must Not Consider Merits of the Employees’ Wage Claim....

The dispute arose when 83 former employees of the Amravati Growers’ Cooperative Spinning Mills Ltd. sought permission under Section 107 of the Maharashtra Cooperative Societies Act, 1970, to sue the...