Bombay High Court

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Bombay High Court Allows Appeal Against Tribunal's Refusal to Stay Redemption Fine. Holds that Customs Tribunal Has Inherent Jurisdiction to Stay Redemption Fine Under Section 125 of Customs Act, 1962, as Section 129E Does Not Apply....

The appellant, Mydream Properties Private Limited, imported a yacht and VSAT equipment, against which the Commissioner of Customs passed an order-in-original on 5 June 2015 confirming differential dut...

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Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — Applicants Lack Direct Interest in Subject Property. Chamber Summons for impleadment as defendants rejected as applicants failed to establish any legal or equitable interest in the property under the Specific Relief Act, 1963....

The judgment concerns a Chamber Summons filed by M/s. Nestor Construction Pvt. Ltd. and Mr. Ayub Khan Jalil Khan seeking impleadment as defendant Nos. 2 and 3 in Suit No. 216 of 2011. The suit was ori...

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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956....

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitions and appointing provisional liquidators. The res...

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Bombay High Court Dismisses Habeas Corpus Petition for Son's Release in CBI Case Due to Timely Filing of Charge-Sheet. Court holds that 90-day limit under Section 167(2) CrPC applies to offences punishable with imprisonment of 10 years or more, and charge-sheet filed within 90 days prevents default bail....

The petitioner, Rajkumar Bhagchand Jain, filed a writ of habeas corpus before the Bombay High Court seeking the release of his son, Rohit Jain, from judicial custody in connection with CBI Case No. RC...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian standing on road was hit by truck; court apportioned 50% contributory negligence and reduced award from Rs. 5,50,000 to Rs. 2,75,000 under Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by the parents of deceased Amrut Jadhav, who died in a truck accident on 03-07-2010. The deceased was standing on the roadside when a truck d...

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Bombay High Court Delivers Common Judgment on Cross Appeals Challenging Conviction Under Sections 306 and 498A IPC and Acquittal Under Section 302 IPC. The core legal questions pertained to the admissibility of dying declarations and the legality of conviction for abetment of suicide without a specific charge under Section 222 of the Code of Criminal Procedure, 1973....

The Judgment arises from two criminal appeals filed against the judgment and order dated 28.02.2006 passed by the III Additional Sessions Judge, Dhule, in Sessions Case No.39 of 2002. The trial court ...

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Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Identification and Lack of Motive. The court held that the sole eyewitness's identification of the accused in darkness was not credible, and the absence of motive weakened the prosecution's case under Section 302 IPC....

The case arises from an incident on 2 April 2002, where the deceased was assaulted with a sword and knife near Gupta building in Yavatmal. The prosecution alleged that accused nos. 1 to 3 (Mangesh Kal...

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Bombay High Court Dismisses Appeal of Headmaster Challenging Termination — Termination Upheld Despite Interim Orders Allowing Continued Service. Enquiry Committee Validly Constituted and School Tribunal Exceeded Jurisdiction in Reappreciating Evidence....

The appellant, Dadarao Lakkhuji Dambhare, was a Headmaster employed by respondent no.1, Rashtraseva Samaj, a registered public trust. He was terminated from service on 3 January 2000 following a depar...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Unreliable Dying Declaration. Dying Declaration Found Suspect as It Was Not in Question-Answer Form, Doctor Not Examined, and Toe Impression Appeared Unnaturally Clear Despite Extensive Burns....

The appellant, Smt. Karuna Ramteke, was convicted by the 2nd Adhoc Additional Sessions Judge, Nagpur, in Sessions Trial 162 of 2003 for an offence punishable under Section 304 Part II of the Indian Pe...

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Bombay High Court Allows Petition Challenging Scrutiny Committee Order Invalidating OBC Caste Claim Due to Lack of Affinity Test. Caste Claim Verification Requires Affinity Test When Documents Are Inconclusive, and Statements of Claimant and Near Relatives Must Be Recorded....

The petitioner, Munaf Abu Dasurkar, contested an election to the Panchayat Samiti on a seat reserved for Other Backward Classes (OBC), claiming to belong to the 'Khatik' caste. His caste claim was ref...