Bombay High Court

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Bombay High Court Quashes Second Criminal Complaint in Partnership Dispute Due to Settlement of First Complaint — Principle of Constructive Res Judicata Under Section 300 CrPC Applied. Second Complaint on Same Cause of Action Held Not Maintainable as Abuse of Process of Court....

The petitioners, Kamlesh and Ankur Mehta, and respondent no.2, Rajanand Sarde, entered into a partnership on 29th January 2004 to manufacture self-net for refrigerators. A dispute arose, and responden...

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Bombay High Court Stays Disqualification of Sarpanch for Encroachment on Private Property Not Covered Under Section 14(1)(j3) of Maharashtra Village Panchayat Act. The court held that encroachment on private property does not attract disqualification under the said provision....

The petitioner, Smt. Lilabai Bhaurao Gondhule, was the Sarpanch of Gram Panchayat Chandori (Khurd). An allegation was made that she had encroached upon a portion of a plot allotted to her husband's br...

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High Court of Bombay at Goa Allows Appeal in Income Tax Case — Commission Payment to Non-Resident Not Liable to TDS Under Section 195 of Income Tax Act, 1961. Disallowance Under Section 40(a)(ia) Cannot Be Sustained When Income Is Not Chargeable to Tax in India....

The appellant, M/s Zephyr Biomedicals, a partnership firm, filed its return of income for Assessment Year 2006-2007 declaring total income of Rs.8,35,850/-. The Assessing Officer passed an assessment ...

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Bombay High Court Disposes Petition After FIR Copy Furnished, Directs Police to Comply with Section 154 CrPC for Free Copy of FIR Within 24 Hours. The court relied on Supreme Court directions in Youth Bar Association of India v. Union of India to mandate strict compliance with the requirement to provide FIR copy within 24 hours....

The petitioner, Kaushal Madan Lal Khanna, filed a criminal writ petition before the Bombay High Court at Goa challenging the failure of the respondent police to furnish a copy of the First Information...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiff's Title Based on Registered Deed. Registered document prevails over unregistered agreement; possession ordered to be handed over to the plaintiff....

The case involves a dispute over a flat in Pune. The plaintiff, Nanda Madhukar Yene, claimed she purchased the suit flat and obtained a registered Deed of Apartment. She was in exclusive possession. H...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose....

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings initiated against him under Section 56 of the Maharas...

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Bombay High Court Quashes Criminal Proceedings in Drugs and Cosmetics Act Case — Lack of Sanction Under Section 32A Renders Prosecution Invalid. Failure to Obtain Mandatory Previous Sanction from State Government or Authorized Authority Before Filing Complaint Under Section 32 of Drugs and Cosmetics Act, 1940 Makes Entire Proceedings Void Ab Initio....

The petitioner, Rajendra s/o Madhav Pate, was the original accused in Summary Criminal Case No. 671 of 2014 pending before the Judicial Magistrate First Class at Chalisgaon, instituted by the Police S...

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Bombay High Court hears writ petition against rejection of techno-commercial bid in bivalent oral polio vaccine tender. Petitioners alleged arbitrariness and favoritism in awarding contract to third respondent, citing violation of CVC Guidelines....

The judgment arises from a writ petition filed under Article 226 of the Constitution of India challenging the decision of Haffkine Bio-Pharmaceutical Corporation Ltd. (Respondent No.1) to reject the t...