Bombay High Court

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Bombay High Court Dismisses Petition Against Double Punishment for Furlough Overstay — No Violation of Double Jeopardy as Remission Cut and Non-Reappointment as Convict Overseer Are Not Punishments Under Prison Rules....

The petitioner, Wilson Benjamin Castellino, a convict, was released on furlough on 19.11.2010 and was required to surrender on 4.12.2010. He failed to surrender and remained absconding for about two y...

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Bombay High Court at Goa Allows Petitioner to Lead Evidence in Civil Suit Despite Closure Order, Imposing Costs for Dilatory Conduct. The court set aside the trial court's order closing evidence of PW1, granting one final opportunity with costs of Rs. 5,000 to each respondent....

The petitioner, Ignatius Tony Pereira, filed a writ petition challenging an order dated 2.9.2016 passed by the learned Civil Judge, Senior Division, Vasco-da-Gama, closing the evidence of PW1 (the pet...

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Bombay High Court Dismisses Revenue's Challenge to AAR Order on Capital Gains Tax Exemption for Non-Resident Share Transfer. Transfer of shares by non-resident to another non-resident outside India does not attract capital gains tax under Section 9(1)(i) of Income Tax Act, 1961 as the shares are not situated in India....

The Commissioner of Income Tax, Goa, filed a writ petition challenging two orders dated 12.03.2010 and 15.06.2010 passed by the Additional Commissioner of Income Tax (AAR) in respect of M/s Umicore Fi...

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Bombay High Court Allows Landlords' Petition in Rent Control Case — Reverses Appellate Order Dismissing Eviction Suit. Landlords' Bonafide Need for Demolition and Reconstruction Established Under Section 13(1)(hhh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioners, who are the landlords of the suit premises, filed a writ petition challenging the judgment and order of the District Judge, Solapur, which reversed the decree of eviction passed by th...

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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession....

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Paulad) for partition and separate possession of lan...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee....

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Peugeot Ltd. (PPL). The suit sought recovery of amou...

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Bombay High Court Allows Teachers' Petitions Challenging School Tribunal Orders in Service Dispute — Management's Failure to Produce Attendance Register Leads to Adverse Inference. Non-production of documents under Section 114(g) of the Indian Evidence Act, 1872 justifies drawing adverse inference against the management in service matters....

The petitioners, four teachers employed by Respondent No.1 (Gulshan Shikshan Prasarak Mandal) at Rajdhani Urdu High School, challenged the orders of the School Tribunal, Aurangabad, which had dismisse...

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Bombay High Court Considers Validity of Revised Sanction for Prosecution of Police Officer Under IPC for Kidnapping. Question Whether Fresh Material Required for Second Sanction Order Under Section 197 CrPC and Bar of Section 161 Maharashtra Police Act....

The instant criminal writ petition was filed under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India, challenging the order dated 29.10.2015 passed by...

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High Court Allows Impleadment in Coal Compensation Case - Petitioner's Right to Property Must Be Decided on Merits After Joinder. The Special Tribunal erred in rejecting an impleadment application by pre-judging the applicant's interest in the property under Section 14(2) of the Coal Bearing Areas Acquisition and Development Act, 1957....

The petitioner, Baliram Khushal Bodhe, filed a writ petition challenging an order of the Special Coal Tribunal, Nagpur, which rejected his application (Exh.10) to be joined as a party respondent in Co...