Bombay High Court

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Bombay High Court Allows Quashing of Charge-Sheet Against Petitioners in Murder Case After Co-Accused's Acquittal. The court held that continuing the trial would be an abuse of process as the prosecution case of conspiracy had failed and the earlier quashing of FIR had attained finality....

The petitioners, Damodhar Jagnnath Lokhande and Liladhar Purushottam Narkhede, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Pro...

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Bombay High Court Quashes Stamp Duty Demand on Court-Monitored Auction Sale — Auction Price Constitutes True Market Value Under Maharashtra Stamp Act. The Court held that the Collector cannot reassess market value of property sold under Supreme Court-monitored auction, and stamp duty is payable on actual auction price under Rule 4(6) first proviso of the 1995 Rules....

The petitioners, Trident Estate Private Limited and Ms. Sanjana Goenka, purchased a property in Ambey Valley City, Pune, through an e-auction conducted by a Sale-cum-Monitoring Committee constituted b...

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Bombay High Court Grants Anticipatory Bail to Accused in Bank Fraud Case Due to Cooperation and No Custodial Interrogation Required. Petitioners Allegedly Induced Bank to Sanction Loans Based on Forged Documents, but Court Found No Need for Custody as Documents Already Seized and Petitioners Cooperated....

The petitioners, Rudhir Sareen, Saurav Vinay Jain, and Kamlesh Hari Kochra, filed separate writ petitions under Article 226 of the Constitution of India read with Section 438 of the Code of Criminal P...

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Bombay High Court Dismisses Writ Petition Challenging MSME Council Award for Lack of Jurisdiction — Alternative Remedy Under Section 34 of Arbitration Act Available. Petitioner's Challenge to Award Under Section 18 of MSMED Act Rejected as Court Finds No Exceptional Circumstances to Bypass Statutory Appeal Remedy....

The petitioner, M/s. Duro Shox Pvt. Ltd., a private limited company, challenged an award dated 02.02.2024 passed by the Micro and Small Enterprises Facilitation Council, Aurangabad (respondent no.2) u...

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Court Directs Expeditious Processing of Bill of Entry for Re-Imported Goods Amid Delays. Petitioner's Bill of Entry for Re-Imported Medicaments to Be Processed Within Four Weeks, Monetary Claim to Be Addressed Separately....

The court addressed the petitioner's grievance regarding the delayed processing of his Bill of Entry for re-imported medicaments, which led to the expiration of some goods' shelf-life. The court direc...

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Bombay High Court Disposes of Writ Petition in GST Transition Credit Matter, Directs Appeal to Be Considered on Merits. Amendment to Section 140(7) of CGST Act by Finance (No.2) Act, 2024 with retrospective effect addresses the main issue, relegating petitioner to appellate remedy....

The petitioner, M/s. Lekar Pharma Limited, filed a writ petition challenging an Order-in-Original dated 27 February 2023 passed by the Joint Commissioner Central GST & C.Ex. The main issue raised in t...

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Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings....

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, Pune dated 7 May 2004 and the Industrial Court, Pu...

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Bombay High Court Dismisses Revision Against Copyright Infringement Prosecution — Registration of Copyright Not Mandatory for Criminal Action Under Copyright Act, 1957. Court holds that prior registration under Section 44 is not a prerequisite for launching prosecution under Sections 63, 63B, and 65 of the Copyright Act, 1957....

The case involves a criminal revision application filed by Dattatray Bapu Dighe challenging the framing of charges against him for alleged copyright infringement. The applicant was found in possession...

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"Conviction Upheld but Applicant Released on Probation Due to Health Concerns" Conviction under the Prevention of Food Adulteration Act sustained; the applicant, facing deteriorating health, is granted probation under the Probation of Offenders Act....

The applicant, convicted under Section 7(i) read with Section 16 of the Prevention of Food Adulteration Act, 1954, sought revision of his sentence. Both the Judicial Magistrate and the Additional Sess...