Bombay High Court

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Bombay High Court Allows Rectification Application by Applying Principles of Section 14 of Limitation Act to Section 35C(2) of Central Excise Act. Principles of Section 14 of Limitation Act, 1963 are applicable to rectification applications under Section 35C(2) of Central Excise Act, 1944, even though no express power to condone delay exists....

The petitioners, IVP Limited and another, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 6 March 2009 passed by the Customs, Excise and Service Tax App...

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Bombay High Court Quashes FIR in Abetment of Suicide Case — No Proximate Link Between Applicant's Conduct and Suicide. Allegations of harassment for repayment of loan do not constitute abetment under Section 306 IPC as there was no direct instigation or active participation....

The applicant, Rahul s/o Bapu More, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.35 of 2016 registered at Shindkheda Police ...

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High Court Quashes Cancellation of Approval for Physical Education Teacher in Aided School — Violation of Natural Justice. Education Officer's Order Cancelling Alleged Approval Without Notice Set Aside; Matter Remanded for Fresh Consideration After Hearing....

The petitioner, Ashok Satram Honmane, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the order dat...

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Bombay High Court Quashes Scrutiny Committee Order Rejecting Scheduled Tribe Claim of Student Due to Paternal Relatives' Valid Certificates. Court Holds That Paternal Certificates of Validity Must Be Respected Absent Fraud, and Area Restriction Cannot Override Them....

In this writ petition before the Bombay High Court, Nagpur Bench, the petitioner, an 18-year-old student, challenged the order dated 31/05/2013 of the Scheduled Tribe Caste Certificate Scrutiny Commit...

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Bombay High Court Allows Discharge of Director in Corporate Dispute — Criminal Proceedings Quashed Due to Civil Nature of Transaction. Failure to Repay Loan or Breach of Contract Does Not Attract Offences Under Sections 406, 409, 420, 467, 468, 471, 472 IPC When No Criminal Intent is Established....

The petitioner, Capt. Percy Meher Master, filed a criminal writ petition challenging the rejection of his discharge application in Regular Criminal Case No. 1847 of 2008. The case arose from a complai...

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Bombay High Court Dismisses Petition Seeking Property Tax Exemption for Building Partly Let Out on Rent. Building used for medical purposes but partly rented out disentitled to exemption under Rule 10(2) of Maharashtra Municipalities (Consolidated Property Tax) Rules, 1969 read with Explanation 1....

The petitioners, Prakash Tarachand Gandhi, Ramesh Tarachand Gandhi, and Shivlal Thakurdas Kawana, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, challenging the denial of p...

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Bombay High Court Dismisses Appeals and Upholds Conviction in Gang Rape Case Under Sections 363 and 376(D) IPC. DNA Analysis of Undergarment Stains Proved Guilt of All Four Accused, Trivializing Contradictions in Victim’s Narration and Test Identification Failures....

Background: The appeals arose from the conviction of four men by the Additional Sessions Judge, Bhandara, in Special Criminal (Child) Case No. 14 of 2015, for the gang rape and kidnapping of a minor g...

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Bombay High Court Quashes Criminal Proceedings Against Society Members in Wildlife Act Case — No Prior Sanction Obtained. Proceedings under Sections 9, 39, 44, 49B, 50, 51, 52 of the Wildlife (Protection) Act, 1972 and Section 482 CrPC quashed for lack of mandatory sanction under Section 55 of the Act....

The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging an order dated 3rd June 2011 passed by t...

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Bombay High Court Dismisses Union's Challenge to MSRTC Circular Requiring Heavy Vehicle Driving License for Driver-cum-Conductor Posts. Court Holds That Prescribing Higher Qualification for Driving Heavy Passenger Vehicles Is a Reasonable Condition Based on Public Safety and Operational Necessity, Not Arbitrary....

The petitioner, Maharashtra S. T. Workers Congress (INTUC), a trade union registered under the Trade Unions Act, 1926, filed a writ petition under Article 226 of the Constitution of India before the B...