Bombay High Court

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Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002....

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarwal against the Commissioner of Central Excise, Nag...

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Bombay High Court Quashes FIR in Cheating and Forgery Case Due to Civil Dispute Nature. Allegations of Fabrication of Trust Documents Found to Be Civil in Nature, Not Attracting Criminal Offences Under Sections 420, 467, 468, 471 IPC....

The applicants, Narayan Kalba Gaikwad and Nagorao Govind Bobade, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Aurangabad ...

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Bombay High Court Partly Allows Appeal of Daily Wager in Illegal Retrenchment Case — Reinstatement Upheld but Back Wages Reduced to 50% Due to Lack of Evidence of Unemployment. The court held that while reinstatement is the normal rule for illegal retrenchment under Section 25F of the Industrial Disputes Act, 1947, full back wages require proof of unemployment....

The appellant, Sadashiv Bhaurao Rashinkar, was a daily rated mazdoor employed by the Executive Engineer, Public Works Division, Sangamner (State Government) from 1979. He worked continuously until 2 M...

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Bombay High Court Allows Appeal in Industrial Dispute Case — Reinstatement Ordered with Continuity of Service but Without Back Wages. Daily Wage Worker's Termination Held Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947....

The appellant, Chandrakant Prabhakar Jadhav, was a daily wage worker appointed by the State of Maharashtra (Public Works Division) on 1 July 1984. He claimed to have worked continuously until 20 June ...

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Bombay High Court Quashes Magistrate's Order Allowing Prosecution to File Documents After Examination of Ten Witnesses in Forest Offence Case — Order Lacked Reasons and Violated Principles of Natural Justice...

The applicant, Ashokkumar Madanlal Rathi, challenged an order dated 15.11.2017 passed by the learned Judicial Magistrate First Class, Manora, in Regular Criminal Case No. 30/2009 (State vs. Ashokkumar...

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Bombay High Court Upholds Conviction of Appellant for Rape of Mentally Challenged Minor Under IPC and POCSO Act — Evidence of Mother and Neighbor Corroborated by Medical Report. The court held that the prosecution proved the case beyond reasonable doubt despite the victim's inability to testify, relying on circumstantial evidence and corroborating witnesses....

The appellant, Gopal Natthuji Shreenath, was convicted by the Additional Sessions Judge, Washim, in Special Session Trial 60 of 2014 for offences under Section 452 IPC (house trespass), Section 376(2)...

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Bombay High Court Allows Enhancement in Motor Accident Claim; Upholds Oral Evidence of Employer and Applies Multiplier of 18 as per Sarla Verma. Income of Deceased Determined at Rs.300 Per Day Based on Unshaken Oral Testimony, and Compensation Enhanced from Rs.8,94,000 to Rs.14,88,000....

This first appeal was filed by the mother and minor brother of the deceased, who died in a motor vehicle accident on 27 August 2015. The deceased, aged 19 years, was travelling as a labourer in a Bole...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Property Suit — Trial Court's Order for Local Investigation Under Order 26 Rule 9 CPC Upheld as Valid and Not for Collecting Evidence....

The case involves a challenge by the Petitioners (defendants in the suit) against an order of the 6th Joint Civil Judge, Junior Division, Karad, dated 28th November 2017, allowing an application at Ex...

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Bombay High Court Allows Impounding of Unregistered MoU Under Stamp Act in Civil Suit — Trial Court's Rejection Set Aside. Section 33 of Maharashtra Stamp Act Mandates Impounding of Insufficiently Stamped Documents Irrespective of Registration Requirement Under Section 49 of Registration Act....

The petitioners, Yuvraj Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22nd August 2017 passed by the Civil Judge, Seni...

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Bombay High Court Quashes Appointment of Court Commissioner for Evidence Collection in Civil Suit — Appointment for Collecting Evidence Held Impermissible Under Order XXVI Rule 9 CPC....

The case involves a writ petition filed by the defendants (petitioners) challenging an order of the 8th Joint Civil Judge, Junior Division, Karad, dated 17 January 2017, which allowed an application a...