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Bombay High Court Allows Appeal in Railway Claim Case for Non-Delivery of Goods — Failure to Prove Exception Under Section 73 of Railways Act, 1989. Non-declaration of value under Section 77B of Indian Railways Act, 1890 does not absolve railway of liability for theft during transit; burden of proof on railway....

The appellant, Mohandas Khandwani, proprietor of M/s. Krishna Kirana Stores, filed a claim before the Railway Claims Tribunal, Nagpur, for non-delivery of one bag of Cardamom weighing 180 kg out of a ...

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Bombay High Court Dismisses Petition Challenging Revised Liquor Licence Fees Based on 2001 Census. Licence fees for country and foreign liquor vending licences were revised based on updated census population figures under the same notification, not a new fee increase....

The petitioners, holders of country and foreign liquor vending licences in Nagpur, challenged demand notices issued by the respondents (State of Maharashtra and excise authorities) in February 2002, w...

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Bombay High Court Allows Writ Petition Challenging Disqualification from Police Appointment Based on Pending Criminal Charges. Mere Pendency of Trial Does Not Disqualify Candidate Under Bombay State Reserve Police Force Rules, 1959....

The petitioner, Mahadeo s/o Laxman Pund, applied for appointment to the Armed Constabulary of the State Reserve Police Force. He disclosed in his application form that he was charged with offences und...

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Bombay High Court Allows Writ Petition Against Pre-Deposit Order in Cenvat Credit Case — Directs Reconsideration of Appeal Without Pre-Deposit. Conditional waiver of pre-deposit set aside as petitioners demonstrated financial hardship and prima facie case....

The petitioners, M/s. Goradia Special Steels Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 19th June 20...

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Bombay High Court Upholds Termination of Employee for Submitting False Caste Certificate in Air India — Fraudulent Claim of Scheduled Caste Status Justifies Dismissal Without Reinstatement....

The petitioner, Shrinivasan Ranganathan, was appointed as an Aircraft Technician by Air India Limited in a post reserved for Scheduled Castes, claiming to belong to the Konda Reddis caste. He submitte...

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Bombay High Court Allows Revenue Appeal in Part on Reimbursement of Expenses Taxability Under Income Tax Act, 1961 — Reimbursement of Actual Expenses Not Taxable as Income, but Interest Under Section 234B is Mandatory....

The appeal by the Revenue under the Income Tax Act, 1961, challenged the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 1998-1999. The assessee, Krupp Udhe GMBH, a German co...

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Bombay High Court Allows Customs Appeal Against Tribunal Order Setting Aside Suspension of CHA License. Commissioner's Suspension Order Under Regulation 21(2) of CHALR, 2004 Upheld as Reasonable and Not Requiring Prior Show Cause Notice....

The Union of India, through the Commissioner of Customs (General), filed an appeal under Section 130 of the Customs Act, 1962 against an order dated 10th April 2008 passed by the Customs, Excise and S...

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Bombay High Court Grants Bail to Accused in Immoral Trafficking Case Due to Violation of Right to Speedy Trial Under Article 21. The court held that the constitutional right to a speedy trial under Article 21 of the Constitution of India is violated when the State causes delays in framing charges, regardless of which agency is responsible....

The applicant, Rajdev Kumar Mathura Yadav @ Pappu, filed a criminal application seeking bail in connection with C.R.No. RC 2/S/2008 registered by the CBI Special Crime Branch, Mumbai for offences puni...

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Bombay High Court Allows Execution Petition in Limitation Dispute — Decree Merger with Appellate Decree Determines Starting Point for Article 136 Limitation Act, 1963. Doctrine of merger applied to hold that limitation for execution runs from date of appellate decree, not trial court decree....

The case involves a writ petition under Article 227 of the Constitution of India challenging an order of the executing court dismissing the petitioner's execution application as barred by limitation. ...