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Bombay High Court Upholds Dismissal of BSF Constable in Cattle Smuggling Bribery Case. Summary Security Force Court's order of dismissal under Sections 40 and 46 of the Border Security Force Act, 1968, and Section 7 of the Prevention of Corruption Act, 1988, was found to be legal and proper, with no violation of natural justice....

The petitioner, Kantilal Bhanudas Dukare, was a constable in the Border Security Force (BSF) posted at Churiantpur border post on the Indo-Bangladesh border. On 07/07/2000, while on duty at Gate No.4,...

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Bombay High Court Dismisses Tenant's Daughter's Petition in Rent Control Suit for Possession on Ground of Acquisition of Suitable Residence. Tenant's retirement and shift to native place with family held to constitute acquisition of suitable residence under Section 13(1)(l) of Bombay Rent Act....

The case involves a writ petition filed by Smt. Saroja Parmeshwaran, daughter of the original tenant L.K. Mani, challenging the judgment and order dated 5 June 1996 passed by the appellate bench of th...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Dowry Death Case — Husband Set Wife on Fire After Refusal to Give Money for Liquor. The court held that the dying declaration was reliable and sufficient for conviction under Section 304 IPC....

The appellant, Prakash Shivlal Chavan, was convicted under Section 304 of the Indian Penal Code for culpable homicide not amounting to murder for setting his wife, Shobha, on fire. The incident occurr...

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Bombay High Court Allows Land Acquisition Compensation Enhancement Claim Due to Non-Payment of Compensation Before Possession. Section 28 of Land Acquisition Act, 1894 mandates interest on delayed compensation from date of possession....

The petitioner, Dadasaheb Bhausaheb Pathare, owned agricultural land in Wadule village, Parner taluka, Ahmednagar district. His land was acquired by the State of Maharashtra for a minor irrigation pro...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Encroachment Dispute. Concurrent findings of fact regarding identification of suit plot based on sale deed boundaries and Commissioner's report upheld....

The dispute in this Second Appeal arises from a property boundary and encroachment issue between two adjacent plot owners in Rewatkar Layout, Mouza Dighori, Nagpur. The appellant, Shyamsunder s/o Ramb...

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Bombay High Court Quashes Show-Cause Notice Against Chairman in APMC Removal Case — Notice Issued by In-charge Officer Without Authority Under Section 45 of Maharashtra APMC Act...

The petitioner, Sopanrao Onkarrao Sathe, Chairman of the Agricultural Produce Market Committee, Malkapur, challenged a show-cause notice dated 2.6.2010 issued by the Assistant Registrar (Administratio...

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Bombay High Court Allows Amendment of Plaint in Rent Control Suit — Petitioner Landlord Permitted to Add Details of Bonafide Requirement for Demolition and Reconstruction. Amendment Sought Before Commencement of Trial Must Be Liberally Allowed Under Order VI Rule 17 CPC....

The petitioner, Ajit Narsinha Talekar, the landlord, filed a suit for possession against the respondents, Smt. Nirmala Wamanrao Kekade and others, under the Maharashtra Rent Control Act, 1999, on four...

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Bombay High Court Upholds Dismissal of Judicial Officer for Bribery in Departmental Enquiry Despite Criminal Acquittal. Standard of proof in disciplinary proceedings is preponderance of probabilities, not beyond reasonable doubt, and acquittal in criminal case does not automatically invalidate departmental punishment....

The petitioner, Ratan Gaba Teli, was a judicial officer serving as Assistant Superintendent at Shahapur Court. He was initially appointed as a Junior Clerk on 19 June 1963 and later promoted to Senior...

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Bombay High Court Allows Set Off of Purchase Tax on Gold Used in Manufacture of Mangalsutra Under Bombay Sales Tax Act, 1959. The Court held that the Tribunal erred in refusing set off under Rule 421 of the Bombay Sales Tax Rules, 1959 for gold used in manufacturing Mangalsutra, which is covered by Schedule entry A30....

The case is a Sales Tax Reference under the Bombay Sales Tax Act, 1959, arising from an order of the Maharashtra Sales Tax Tribunal dated 3rd May 2005. The applicant, M/s P.N. Gadgil, Saraf Kata, Sang...

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Bombay High Court Upholds Classification of Bouquet of Fresh Flowers Under Residuary Entry in Sales Tax Case. Activity of Preparing Bouquets Constitutes Manufacture Under Section 2(17) of Bombay Sales Tax Act, 1959....

The applicant, M/s In Bloom, a florist and decorator, prepared bouquets from fresh natural flowers. To ascertain the tax liability, the applicant applied to the Commissioner of Sales Tax on 22 January...