Bombay High Court

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Bombay High Court Allows Union of India's Petition Against Interest Demand on Differential Customs Duty for Goods Imported Prior to Introduction of Section 28AA of Customs Act, 1962. The Court held that interest under Section 28AA cannot be levied retrospectively for imports completed in 1986-1987....

The Union of India, through the Controller of Stores, Central Railway, filed a writ petition challenging an order-in-original dated 5 July 2006 and subsequent demand notices issued by the Commissioner...

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Bombay High Court Allows Petitions Challenging Rejection of Plaints Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action and Barred by Limitation. Court holds that while considering an application under Order 7 Rule 11 CPC, the court must look at the plaint averments alone and cannot rely on the written statement or other documents filed by the defendant....

The judgment involves two writ petitions arising from orders of the trial court rejecting plaints under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC). In Writ Petition No. 12418 of 2015, ...

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Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Due to Compromise Between Spouses. The court held that where parties have settled their differences and are living together, continuing prosecution under Sections 498-A, 323, 504, 506 IPC would be an abuse of process of law....

The applicants, who are the husband, in-laws, and sister-in-law of the complainant, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No....

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High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947....

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of the Labour Court, which partly allowed Reference ...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Matricide Case Due to Lack of Aggravating Circumstances and Possibility of Reformation. The court upheld conviction under Sections 302 and 201 IPC but found that the case did not fall within the 'rarest of rare' category for death penalty....

The appellant, Kaustubh Kulkarni, was convicted by the trial court for the murder of his mother, Anjali Kulkarni, under Section 302 IPC and for causing disappearance of evidence under Section 201 IPC....

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment in Development Agreement Case — Revenue Sharing Arrangement Not Constituting Conveyance. Interest-free refundable deposit and revenue sharing in development agreement held not to be consideration for transfer of property under Maharashtra Stamp Act, 1958....

The petitioner, Godrej Properties Ltd. (GP), entered into a development agreement with Goldbricks Infrastructure Private Ltd. (GIPL) on 30.09.2011 for development of land admeasuring about 29 acres. U...

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Bombay High Court Quashes Stamp Duty Demand on Unexecuted Lease Agreement — No Liability Under Maharashtra Stamp Act, 1958. Adjudication under Section 31 cannot be basis for demand when document is not executed and no stamp duty is chargeable....

The petitioner, Crisil Limited, a company registered under the Companies Act, had been in occupation of office premises at Hiranandani Business Park, Powai, Mumbai since 14 September 2007 on lease fro...

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Bombay High Court Quashes Process Issued Under Section 138 of Negotiable Instruments Act Against Accused in Dishonour of Cheque Case Due to Lack of Proper Service of Notice. Court Held That Service of Notice Under Section 138(b) Must Be Proved by Complainant and That Summons to Accused Must Be Served at Correct Address....

The petitioners, original accused Nos. 3 to 6, filed a criminal writ petition challenging the order dated 3rd April 2003 issuing process under Section 138 of the Negotiable Instruments Act, 1881 passe...

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Bombay High Court Dismisses Appeal in Trademark Dispute Over Perfume Names 'Legend' and 'Flirt'. Court finds no deceptive similarity as marks are common dictionary words used with house marks and no evidence of passing off....

The appellant, MESO Private Limited, manufactures and sells cosmetic products including perfumes under the trademarks 'Legend' and 'Flirt'. The respondents, Liberty Shoes Ltd and Liberty Lifestyle, la...