Bombay High Court

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Bombay High Court Allows Assessee's Appeal in Central Excise Refund Dispute, Remands Matter for Fresh Adjudication on Passing On of Duty. Quasi-Judicial Authority Must Objectively Assess Evidence and Provide Opportunity to Produce Documents to Determine Whether Duty Was Passed On Under Section 11B of Central Excise Act, 1944....

The appeal arose from a refund claim of excise duty under the Central Excise Act, 1944. The appellant manufactured snuff of tobacco, which prior to 1 April 1989 was classified under Entry 2404.50 of t...

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High Court of Judicature at Bombay Dismisses Writ Petition Challenging Execution Order for Demolition, Upholding Ancillary Power of Executing Court. Constructive Res Judicata Applied for Not Objecting to Execution Notice Under Order XXI Rule 22 CPC, and Order XXI Rule 35(3) Allowed Incidental Demolition Direction for Possession....

The dispute arose from a suit filed by the respondent (plaintiff) seeking a declaration that the petitioner (defendant) had no right to discharge rain water on the plaintiff's land, possession of an a...

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Bombay High Court Upholds Injunction Restraining Defendants from Preventing Plaintiff's Possession of Suit Flat in Property Dispute Between Sisters. Court Rejects Plaintiff's Claim for Temporary Partition Wall, Holding That No Right to Create New Structure Exists Under Gift Deed or Law....

The case involves a dispute between two sisters over two adjoining flats originally owned by their father, Jagat Bhushan Jain. The father executed gift deeds in 1999, transferring Flat No. 181 (suit f...

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Bombay High Court Allows Production of Rent Receipts in Civil Suit Under Article 227 — Trial Court's Rejection Set Aside for Failure to Exercise Jurisdiction. The Court held that the trial court erred in rejecting the application to produce original rent receipts at the stage of evidence, as the documents were relevant and necessary for just adjudication....

The petitioner, Sou. Meera W/o Vijay Mukhedkar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26.03.2018 passed by the trial court in Special Civil Su...

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Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable....

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay fixed at the time of his retirement and consequent...

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High Court Dismisses Second Appeal Against Specific Performance Decree; Power of Attorney Holder's Evidence Accepted. Readiness and Willingness Proved Through Personal Knowledge of Father Who Was Present at Agreement Execution Under Section 16(c) of Specific Relief Act, 1963....

The appellant, original defendant No.2, challenged the concurrent findings of the trial court and the appellate court which decreed a suit for specific performance in favour of respondent No.1, the or...

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Bombay High Court Quashes FIR Against Accused in Abetment to Suicide Case. Demanding Partition of Ancestral Property Does Not Constitute Instigation Under Section 306 IPC, Holds Court....

The applicants, Anusaya Wasudeo Mate, Wasudeo Sitaram Mate and Baliram Wasudeo Mate, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Nagpur Bench of t...

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Bombay High Court Allows Tool Checkers' Merger with Retrospective Effect in Service Law Dispute. Central Administrative Tribunal's direction for prospective merger of cadres set aside, holding that merger must be effective from 25th June 1985....

The judgment concerns four writ petitions filed by employees of the Union of India, primarily Tool Checkers, challenging the order of the Central Administrative Tribunal (CAT), Mumbai, dated 22nd Octo...

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Bombay High Court Quashes Recovery of Alleged Excess Payments from D.Ed College Employees — Recovery Without Notice Violates Principles of Natural Justice. Refixation of Pay Scale and Grade Pay Set Aside as Unilateral and Without Opportunity of Hearing....

The judgment concerns a group of nine writ petitions filed by employees of D.Ed colleges in Maharashtra, challenging the recovery of amounts allegedly paid to them erroneously. The petitioners were ap...