Bombay High Court

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement Not Barred by Limitation and Not Void for Uncertainty. Court upholds concurrent findings that the agreement dated 11.12.1980 was valid and enforceable, and the suit filed in 1994 was within limitation as the cause of action was continuing....

The appellant, Maria Fatima @ Silo Silva Coelho, was the defendant in a suit for specific performance filed by the respondent, Vaman Narayan Kundaikar (since deceased, represented by legal representat...

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Bombay High Court Quashes Criminal Proceedings in Matrimonial Dispute Following Settlement Between Parties. Court Exercises Inherent Powers Under Section 482 CrPC to Quash FIR and Proceedings Under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act, 1961, as Parties Amicably Resolve Differences....

The applicants, who are the husband and his family members, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR and criminal proceedings ari...

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Bombay High Court Answers Sales Tax Reference in Favor of Dealer, Allowing Resale Deduction Under Section 8(2) of Bombay Sales Tax Act Despite Purchases from Exempted Dealers. Court Holds That Exemption Conditions in Entry 39(a) Schedule A Do Not Estop Purchasing Dealer from Claiming Independent Statutory Deduction....

The matter arose from a sales tax assessment of a proprietary concern engaged in reselling footwears, who was not a manufacturer and held no trademark. For the assessment year 1992-93, the dealer clai...

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Bombay High Court Dismisses Petition Challenging Cancellation of Sale Deed for Violating Fragmentation Laws. Sale of 1 acre dry crop land held void under Sections 7 and 8 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 as standard area is 2 acres....

The petitioner, Vinay Kumar Sambare, purchased 1 acre of land via a sale deed dated 15.07.2003 from respondent No.9. The Sub Divisional Officer, Ramtek, by order dated 28.02.2005, cancelled the sale d...

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Bombay High Court Upholds Labour Court's Reinstatement Order in Industrial Dispute Case — Violation of Section 25F of Industrial Disputes Act Proved Despite Employee's Failure to Produce Documentary Evidence. Adverse Inference Drawn Against Employer for Non-Production of Nominal Muster Rolls....

The case involves a writ petition filed by the employer (Public Works Department) challenging the Labour Court's order of reinstatement of the employee, Maroti Amrutrao Bramhankar, with continuity of ...

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Bombay High Court Dismisses Employer's Petition in Gratuity Dispute for Seasonal Workers. Mere categorization as seasonal establishment does not automatically entitle employer to pay reduced gratuity under Section 4(2) second proviso of Payment of Gratuity Act, 1972; employee must be shown to work only in season....

The petitioner, Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd., challenged orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 1972,...

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Bombay High Court Dismisses Appeal by Goa State Infrastructure Development Corporation Against Injunction Restraining Construction of Bridge Over Plaintiff's Property. Court Upholds Trial Court's Finding That Plaintiff's Consent Was Not Obtained and That the Corporation Failed to Establish Any Right to Enter Private Land Without Acquisition or Consent....

The appellant, Goa State Infrastructure Development Corporation Limited, filed an appeal against an order of the trial court granting temporary injunction in favor of the respondent, Miss Meena Anant ...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882....

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaji, which allowed the application of respondent no....

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High Court of Bombay at Goa Allows Writ Petitions Challenging Rejection of Mining Lease Renewal Applications — Failure to Consider Application on Merits and Violation of Natural Justice. The court held that the Revision Authority must consider the renewal application on its own merits and not merely rely on the rejection of a previous application....

The petitioner, Vishal Vinayak Bandekar, proprietor of M/s V. N. Bandekar, filed two writ petitions challenging the order of the Revision Authority (Central Government) under the Mines and Minerals (D...