Bombay High Court

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Bombay High Court Upholds Exemption for HDPE Cloth as Man-Made Fabric in Sales Tax Reference. HDPE cloth manufactured from HDPE yarn using looms is exempt from sales tax under the Bombay Sales Tax Act, 1959, as it falls within the description of 'cloth' in the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1958....

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, made by the Maharashtra Sales Tax Tribunal at the instance of the Commissioner of Sales Tax. The responde...

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Bombay High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute. Allegations of Criminal Breach of Trust and Cheating Not Made Out as Dispute Pertained to Non-Payment of Rent Under Leave and License Agreement....

The applicants, Dr. Arun Kumar Barthakur and Basant Kumar Jain, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 254 of 2013 registered at Ch...

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Bombay High Court Upholds Validity of Section 28A(1) of Maharashtra Civil Courts Act, 1869 in Probate Reference. Section 28A(1) is not inconsistent with Indian Succession Act, 1925, and Civil Judges can be invested with probate jurisdiction....

This judgment arises from a reference under Section 113 of the Code of Civil Procedure, 1908, made by the learned Joint Civil Judge, Senior Division, Kolhapur, in Miscellaneous Civil Application No.13...

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Bombay High Court Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Setting Aside Arbitral Award for Patent Illegality and Violation of Natural Justice. Award declared firm dissolved on a date not claimed by any party and failed to consider crucial evidence regarding partnership property....

The Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges an arbitral award dated 1st August 2006. The petitioner, Nina Anil Shah, was a partner in M/s. Chitra...

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Bombay High Court Hears Writ Petition Challenging Attachment and Proposed Sale of Residential Bungalow under Income Tax Act, 1961, on Ground of Limitation. Petitioner Contends That Tax Recovery Officer's Action Is Time-Barred Under Rule 68B of Second Schedule....

The petitioner, a 60-year-old Indian citizen, filed a writ petition under Article 226 of the Constitution of India seeking to quash and set aside the sale of his residential bungalow and the attachmen...

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Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid....

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalow belonging to the petitioner, an assessee under t...

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High Court of Bombay Considers Challenge by CFS Operators to Customs Public Notices. Petition Under Article 226 Seeks Quashing of Notices Allegedly Imposing Unlawful Restrictions on Container Freight Stations....

The petitioners, comprising thirteen Container Freight Station (CFS) operators and thirteen individual directors, filed a writ petition under Article 226 of the Constitution of India before the High C...

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WRIT PETITION NO. 3310 OF 2017...

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Bombay High Court Acquits Head Constable in Corruption Case Due to Unreliable Complainant and Lack of Corroboration — Demand of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988....

The appellant, Fakira s/o Magdu Kannake, a Head Constable, was convicted by the Special Judge, Gadchiroli for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corrup...

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Bombay High Court Dismisses State Appeal Against Acquittal in Assault Case Due to Inconsistent Evidence and Lack of Independent Witnesses. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 323, 325, 504, 506 IPC and Bombay Police Act....

The State of Maharashtra appealed against the judgment of the Judicial Magistrate First Class, IV Court, Malegaon, dated 23rd May 2003, which acquitted the respondents (original accused) of offences u...