Bombay High Court

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Bombay High Court Quashes Trial Court's Deletion of Defendants and Tenancy Issue in Suit Between Rival Tenants. Civil Court Has Jurisdiction Over Injunction Suit Between Tenants; Tenancy Issue Not Arising Unless Disputed by Landlord....

The dispute pertained to a piece of land bearing Survey No. 308/1 in Mandrem Village, Goa. The petitioner, Lawrence Jose Fernandes, claimed to be a tenant of the southern half of the property under th...

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Bombay High Court Allows MPCB Appeal in Water Pollution Case Against Deepak Fertilisers. Acquittal Set Aside Due to Procedural Lapses and Non-Compliance with Consent Conditions Under Water (Prevention and Control of Pollution) Act, 1974....

The Maharashtra Pollution Control Board (MPCB) filed an appeal under Section 378(4) of the Code of Criminal Procedure, 1973 against the judgment and order dated 25.10.2001 passed by the learned Additi...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 307 IPC set aside as sole eyewitness's evidence was inconsistent and medical evidence did not support the prosecution case....

The appellant, Sukumar Kallappa Kamble, was convicted by the Additional Sessions Judge, Ichalkaranji, for offences under Sections 307 (attempt to murder) and 341 (wrongful restraint) of the Indian Pen...

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Bombay High Court Allows Writ Petition Against Withholding of Payment Due to Complaints by Ex-Employee. Unilateral Withholding of Payment Without Contractual Authority or Opportunity of Hearing Violates Article 14 and 19(1)(g) of Constitution....

The petitioner, Mahimtura Consultants Pvt. Ltd., a company engaged in consultancy engineering and project management, was awarded a contract by the Pimpri-Chinchwad New Town Development Authority (res...

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Bombay High Court Quashes Termination of Appointed Clerks for Non-Submission of Caste Validity Certificate Within Six Months. Collector Not Empowered to Terminate Under Section 10 of Maharashtra SC, ST, etc. Act, 2000....

The petitioners were appointed as Clerks under reserved category on 28/10/2015 and joined the service of respondent no.3 - Collector, Thane. Their appointment orders contained a condition (Clause 8) r...

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High Court of Bombay Bench at Aurangabad Adjudicates Writ Petition for Enforcement of Pay Scale Circular for Non-Teaching Staff. Petitioners Seek Mandamus to Disburse Arrears and Benefits under Circular Dated 29 September 1995 Issued Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The writ petition was filed by thirteen non-teaching staff members of Shri Sant Gadge Baba Polytechnic, Bhusawal, run by Hind Seva Mandal, seeking enforcement of a Government Circular dated 29 Septemb...

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Bombay High Court Dismisses Husband's Divorce Appeal in Mental Disorder Case, Upholds Wife's Restitution of Conjugal Rights. Allegations of Schizophrenia and Paranoid Personality Disorder Not Proved Under Section 13(1)(iii) of Hindu Marriage Act, 1955....

The case involves two appeals filed by the husband, Gajendra Mohite, against a common judgment of the Family Court at Aurangabad. The marriage between the parties was solemnized on 25 June 2007, and t...

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High Court of Bombay Dismisses Appeal of Sugar Factory in Central Excise Duty Dispute — Section 11-D of Central Excise Act, 1944 Applies Even When Exemption Under Section 5-A is Available. The court held that the amount collected as duty from buyers is recoverable under Section 11-D regardless of exemption, and the assessee cannot retain such amount....

The appellant, Jalna Sahakari Sakhar Karkhana Ltd., a sugar factory, filed a first appeal under Section 35-G of the Central Excise Act, 1944, challenging the order of the Customs, Excise and Service T...

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High Court Allows Amalgamated Company's Claim for Unabsorbed Depreciation of Sick Company Under Section 32(2) of Income Tax Act, 1961. The court held that unabsorbed depreciation of amalgamating company is deemed to be depreciation of amalgamated company under Section 32(6) and can be carried forward irrespective of whether amalgamating company filed returns....

The case involves two income tax appeals filed by M/s. Ballarpur Industries Ltd. (BILT) against the Commissioner of Income Tax, Vidarbha, Nagpur, concerning the assessment years 1992-93 and 1993-94. T...