Bombay High Court

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased Was Gratuitous Passenger in Goods Vehicle. Insurer Liable to Pay Compensation to Third Parties but Can Recover from Owner Under Section 147 of Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the dependents of Tulshiram Chavan, who died in a vehicular accident on 02.02.2000. The deceased was traveling as a gratuitous passenger in a goods...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Specific Performance Suit. Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Defendants....

The petitioners, Amartya Deshmukh (minor) and Haribhau Deshmukh, filed a writ petition challenging the order dated 07-01-2017 passed by the learned District Judge-5, Amravati in Regular Civil Appeal 2...

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High Court of Bombay at Nagpur Upholds CAT Order Directing Appointment of Candidates Who Suppressed Criminal Cases in Application Form — Suppression of Criminal Case Not Material When Case Ended in Acquittal and Candidates Were Otherwise Eligible....

The Union of India and other petitioners challenged the order of the Central Administrative Tribunal (CAT) dated 7th August 2014, which directed them to issue appointment orders to the respondents, Ga...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34....

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appellant alleged wrongful termination of the SPA and i...

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Bombay High Court Dismisses Petition by Union of India Challenging CAT Order Quashing Recovery of Damage Rent Without Show Cause Notice. Recovery of Damage Rent from Employee's Salary Without Prior Hearing Violates Principles of Natural Justice, Even if Facts of Unauthorised Occupation Are Undisputed....

The Union of India and another (petitioners) challenged the judgment and order dated 10.11.2005 of the Central Administrative Tribunal (CAT), Mumbai, which allowed O.A. No. 66 of 2004 filed by the res...

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High Court of Bombay Adjudicates Appeal Against Conviction for Murder and Causing Disappearance of Evidence Under Sections 302 and 201 IPC. Medical Evidence did not Conclusively Establish Homicide, Leaving Possibility of Suicide and Impacting the Prosecution Case....

The appeal arose from a conviction by the Additional Sessions Judge, Pune, in Sessions Case No.238 of 2007, where the three appellants were found guilty under Sections 302 read with 34 and 201 read wi...

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Bombay High Court Allows Appeal in Testamentary Succession Case — Thumb Impression on Will Valid Despite Testator's Medical Condition. Court Grants Probate to Adopted Daughter as Will Duly Executed Under Section 63 of Indian Succession Act, 1925....

The case involves an appeal against the dismissal of a probate petition by the learned Single Judge. The appellant, Sonali Arvind Nadkarni, is the adopted daughter of the deceased Arvind Puttappa Nadk...

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Bombay High Court Dismisses Petition Challenging Concurrent Findings on Service of Summons in Civil Suit — Petitioner Failed to Prove Lack of Service Under Order IX Rule 13 CPC....

The petitioner, Jasbirsingh Kohli, filed a writ petition challenging two orders: one by the Civil Judge, Junior Division, Kamptee dated 11.1.2017, and another by the Principal District Judge, Nagpur d...

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Bombay High Court Allows Writ Petition Challenging Classification of Plant Growth Promoters as Excisable Goods Under Central Excise Tariff Act, 1985. Products Containing NPK as Essential Constituent Classified as 'Other Fertilizers' Under Note 6 Chapter 3105, Attracting 1% Duty....

The petitioners, Dharti Agro Chemicals Pvt. Ltd. and its director, challenged an order dated 8 March 2017 passed by the Commissioner of Central Excise, Nagpur, which classified 36 products marketed as...

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Bombay High Court Allows Assessee's Appeal in Permanent Establishment Case — Remand by Tribunal Set Aside. The Court held that the burden of proving the existence of a Permanent Establishment lies on the Revenue, and the Tribunal erred in remanding the matter without such proof under Section 260A of the Income Tax Act, 1961....

The case involves three Income Tax Appeals filed by the assessee, Co-operative Centrale Reiffeisen-Boerenleenbank B. A., a Dutch cooperative bank, challenging the order of the Income Tax Appellate Tri...