Bombay High Court

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Bombay High Court Allows Tax Appeal in Penalty Jurisdiction Case — CIT(A) Remand Order Wipes Out AO's Penalty Initiation. Penalty proceedings under Section 271(1)(c) of Income Tax Act, 1961 cannot survive after the assessment order containing the satisfaction for initiation is set aside by CIT(A) without specific direction....

The appellant, Gangadhar Narsingas Agrawal (HUF), filed a return of income for Assessment Year 1997-1998 disclosing a loss. The Assessing Officer (AO) passed an assessment order under Section 143(3) o...

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Bombay High Court Upholds Acquittal in Dowry Harassment and Abetment of Suicide Case — Prosecution Fails to Prove Cruelty or Abetment Beyond Reasonable Doubt. Evidence of Ill-Treatment and Demand for Money Found Insufficient to Establish Offences Under Sections 498A and 306 IPC....

The State of Maharashtra appealed against the acquittal of three respondents (original accused) for offences under Sections 498A and 306 read with Section 34 of the Indian Penal Code. The prosecution ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Inconsistent Dying Declarations. Acquittal of Husband for Setting Wife on Fire Upheld as Dying Declarations Contradictory and Unreliable Under Section 302 IPC....

The State of Maharashtra appealed against the acquittal of Kashinath Anandrao Gunjal, who was charged under Section 302 of the Indian Penal Code for allegedly setting his wife Sangita on fire. The inc...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Commercial Lease Dispute — Upholds Award of Mesne Profits and Damages for Breach of Agreement. The court held that the arbitrator's findings were not perverse and the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 lacked merit....

The case involves a commercial appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed in favor of the respondent, Sussanne Khan, sole proprietor of...

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Bombay High Court Allows Writ Petition Challenging Invalid Caste Certificate Order. Petitioner's Caste 'Mahar' Recognized as Scheduled Caste in Maharashtra Despite Original Residence in Karnataka, as Caste Status Is Determined by Caste and Not by State of Origin....

The petitioner, Prabhakar Dnyanoba Shinde, challenged an order dated 01.04.2013 passed by the Divisional Caste Scrutiny Committee No. 2, Latur, which invalidated his caste claim as 'Mahar' (Scheduled ...

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Bombay High Court Quashes FIR Against Applicant in Immoral Traffic Case Due to Lack of Incriminating Material. Mere presence at a brothel without evidence of keeping, managing, or exploiting prostitutes does not constitute an offence under Sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1986 and Section 370 IPC....

The applicant, Mohammad Juned Mohammad Rauf, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 228 of 2018 registered at Beed Police Station fo...

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Bombay High Court Allows Writ Petition Challenging Non-Renewal of Country Liquor Licence for Sales Tax Dues. State Excise Department Cannot Refuse Licence Renewal Under Maharashtra Prohibition Act for Recovery of Sales Tax Arrears....

The petitioner, M/s Vidarbha Bottlers Pvt. Ltd., a company incorporated under the Indian Companies Act, 1956, held a licence for manufacturing country liquor. On 13/05/2016, the Commissioner of State ...

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees....

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, which recalculated his pension with retrospective ...

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Bombay High Court Dismisses CBI Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988....

The Central Bureau of Investigation (CBI) appealed against the judgment of the Special Judge, Solapur, dated 5th September 2000, acquitting the respondent-accused, Chandrappa Nagappa Kembhavi, of offe...