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Bombay High Court Dismisses Petition Challenging Industrial Court's Order Setting Aside Ex Parte Award Under MRTU & PULP Act. Revisional Court Can Reappreciate Evidence When Award Is Ex Parte and Sufficient Material Is Placed....

The petitioner, Harsha Nitin Vora, challenged an order dated 6th October 2009 passed by the Industrial Court, Mumbai, which set aside an ex parte order dated 3.1.2009 and restored the respondent's com...

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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962....

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 130 of the Customs Act, 19...

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Bombay High Court Acquits Accused in Criminal Breach of Trust Case Due to Lack of Evidence of Entrustment and Criminal Misappropriation. Conviction under Section 408 IPC set aside as prosecution failed to prove that the accused, as Secretary of a cooperative society, was entrusted with property or that he dishonestly misappropriated the funds....

The petitioner, Hilal Dhudku Patil, was the Secretary of Vividh Karyakari Seva Sahkari Society Limited, Sawai Mukti, and was entrusted with maintaining accounts and transactions. The first informant, ...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Breach of Policy Condition Due to Unlicensed Driver. Insurer Not Liable to Pay Compensation as Driver Kashinath Sedam Did Not Hold Valid Driving Licence at Time of Accident....

The case arises from a motor accident claim filed by the widow and children of Mukunda Kumare, who died after being hit by a Bajaj M80 motorcycle bearing registration No. MH31/B7454 on Umred Road, Nag...

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Bombay High Court Dismisses Preliminary Objections in Writ Petition on Standing Committee Term Expiry under Bombay Provincial Municipal Corporations Act, 1949. Acquiescence Rejected on Ground that There is No Estoppel Against Law; Laches Not Applicable as Issue Raised Continuing Cause of Action....

The writ petition was filed by Prashant Prabhakar More, an elected Councilor of the Nashik Municipal Corporation, under Article 226 of the Constitution, challenging the continuation of eight members o...

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High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Legal Validity Upheld....

The dispute arose from a writ petition filed by M/s. Jaibharat Synthetics Limited and its directors against the State Bank of India and the Asset Reconstruction Company Ltd. (ARCIL) regarding a notice...

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Bombay High Court Upholds Conviction of Appellant in Rape of Minor Case — Testimony of Prosecutrix and Medical Evidence Sufficient to Sustain Conviction Under Section 376(2)(f) IPC. The court found the evidence of the 9-year-old prosecutrix credible and corroborated by medical evidence, leading to dismissal of the appeal....

The appellant, Shri Sambhaji Aba Mandale, was convicted by the Sessions Court for offences under Section 376(2)(f) and Section 506 of the Indian Penal Code, 1860, and sentenced to rigorous imprisonmen...

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Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted....

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an interim injunction in favor of the respondents (plainti...

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Bombay High Court Allows Writ Petition Challenging Detention of Second Hand Machinery Import — Circular No.4/2008-Cus Held Ultra Vires Section 14(1) of Customs Act, 1962. Transaction Value Must Be Accepted Unless Rebutted by Proper Evidence; Guidelines in Circular Cannot Override Statutory Provisions....

The petitioner, M/s Bosch Limited (formerly Motor Industries Co. Ltd.), a public limited company engaged in manufacturing automotive components, imported a second hand machinery and filed a bill of en...

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Bombay High Court Dismisses Second Appeal Challenging Ceiling Proceedings: Collusive Partition Decree Not Binding on State. Findings of Maharashtra Agricultural Lands Ceiling Authorities, Confirmed by Supreme Court, Held Binding on Plaintiff Despite Alleged Family Arrangement....

Background: The litigation originated from a dispute over agricultural land declared surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The original plaintiff, wife of t...