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Bombay High Court Dismisses Revenue's Appeal in Customs Penalty Case — No Evidence of Mens Rea for Penalty Under Section 112 of Customs Act, 1962. CESTAT's finding that the master of the vessel was not liable for penalty as he was not aware of the illegal diesel sale was based on evidence and not perverse....

The Commissioner of Customs (Import) appealed against the CESTAT order which upheld the Commissioner's decision not to impose penalty on the master of the vessel 'Sea Bulk Toota' under Section 112 of ...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Award Being Set Aside — Arbitration Clause Survives. The court held that the setting aside of an award does not render the arbitration clause inoperative under Section 11 of the Arbitration and Conciliation Act, 1996....

The applicant, M/s. Associated Constructions, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising from...

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Bombay High Court Larger Bench Answers Reference on Amendment of Election Petition Under Bombay Municipal Corporation Act. Issue Involved Interpretation of Section 33 of Bombay Municipal Corporation Act, 1888....

The matter before the Bombay High Court arose from two writ petitions filed under Article 227 of the Constitution, challenging orders of the Additional Chief Judge of the Small Causes Court at Mumbai ...

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Bombay High Court Allows Discharge in Criminal Revision for Offences Under SC/ST Act and IPC — No Prima Facie Case for Caste-Based Insult or Intentional Insult to Provoke Breach of Peace. The court held that the alleged abusive words were not caste-based and did not constitute intentional insult or criminal intimidation, leading to discharge of the accused....

The applicant, Prof. Mansoor s/o Karimoddin Kadri, filed a Criminal Revision Application before the Bombay High Court, Aurangabad Bench, challenging an order dated 01.02.2010 passed by the learned Add...

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Bombay High Court Quashes FIR for Attempt to Murder in Family Property Dispute — No Prima Facie Case Under Section 307 IPC. Allegations of poisoning and assault found to be exaggerated and unsupported by medical evidence, leading to quashing of criminal proceedings....

The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 158/2009 registered at MIDC CIDCO police station, Aurang...

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Bombay High Court Dismisses Petitions Challenging Cess Increase Under Zilla Parishad Act. Levy of Cess and Additional Cess on Agricultural Land Upheld as Valid Under Sections 144 and 155 of the Zilla Parishad and Panchayat Samiti Act, 1961....

The petitioners, residents and owners of agricultural lands in Ahmednagar District, challenged the Resolution dated 06/11/1993 passed by respondent No. 3 (Zilla Parishad) and the Notification dated 01...

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Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed by Father Not Binding on Sons as Legal Necessity Not Proved. Court sets aside concurrent findings of courts below, holding that burden to prove legal necessity for sale by father as karta of joint family was not discharged by purchaser....

The present second appeal arises from a judgment and order dated 20.4.1999 passed by the Additional District Judge, Khamgaon in Regular Civil Appeal No. 78 of 1996, which confirmed the dismissal of Re...

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Bombay High Court Dismisses Writ Petition Seeking Action Against Police Officers for Alleged Harassment and Illegal Detention — No Evidence of Malafides or Violation of Fundamental Rights Found....

The petitioner, Murlidhar Atmaram Wani, a retired driver from Municipal Council, Dharangaon, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Ayurvedic College's Challenge to CCIM Inspection Requirement for Admission Approval. Inspection by Central Council of Indian Medicine (CCIM) is mandatory under Section 13A of the Indian Medicine Central Council Act, 1970 for granting permission to admit students....

The petitioners, Aditya Bahuddeshiya Sanstha and Aditya Ayurved College and Research Centre, filed a writ petition before the Bombay High Court (Aurangabad Bench) challenging the requirement of inspec...