Bombay High Court

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Bombay High Court Allows Transfer of Criminal Case from Beed to Thane on Grounds of Convenience and Hardship of Wife. Court also exercises inherent power to restore dismissed DV application to avoid multiplicity of proceedings....

The applicant, Pooja Sanjay Gondage, filed a criminal application under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of RCC No. 203/2018 pending before the Judicial Magistrate ...

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Bombay High Court Allows Refund in GST Case Based on Department's Affidavit Acknowledging Eligibility — Interest Not Payable Under Amended Section 50(3) of CGST Act, 2017. Petitioner's credit balance never fell below wrongly availed amount, so no interest was due....

The petitioner, Soorajmull Bajinath Private Limited, filed a writ petition challenging an order dated 18 August 2021 passed by the Joint Commissioner (Appeals) declining refunds. The appeal against th...

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Bombay High Court Dismisses Writ Petition Challenging Suspension of Resolution Professional for Lack of Due Diligence in CIRP. Disciplinary action by IBBI under Sections 30(2)(b), (e) and 208(2)(a), (e) of the Insolvency and Bankruptcy Code, 2016 upheld as proportionate....

The petitioner, Vijendra Kumar Jain, was appointed as Resolution Professional (RP) for M/s. Transparent Energy System Pvt. Ltd. (Corporate Debtor) by the National Company Law Tribunal (NCLT) on 21st F...

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Bombay High Court Directs Release of Retiral Benefits to Widow Despite Pending Caste Validity Certificate - Employer Cannot Withhold Pensionary Benefits Due to Pendency of Scrutiny Proceedings...

The petitioner, Manda w/o Prakash Sonawane, is the widow of a deceased employee who was appointed on a post reserved for a backward category. The employee's caste validity certificate application was ...

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Bombay High Court Allows Secondary Evidence of Lost Will in Probate Proceeding — Trial Court Erred in Rejecting Application. Petitioner permitted to produce photocopy of notarized will under Section 63(2) of Indian Evidence Act, 1872, as original was lost....

The petitioner, Sadanand Ramchandra Newase, brother of the deceased Suresh, filed a probate application under Section 218 of the Indian Succession Act, 1925, based on an unregistered will dated 16.08....

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Bombay High Court Allows Writ Petition Seeking Interest on Delayed Refund of Special Additional Duty Under Customs Act — Interest Held Payable From Three Months After Initial Refund Application, Not From Subsequent Follow-Up Application...

The petitioner, M/s Ajay Industrial Corporation Ltd., filed a refund claim for Special Additional Duty (SAD) of Rs.7,40,458/- on 04 August 2014 under notification No. 102/2007-Cus. The respondent, Dep...

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Bombay High Court Allows Application for Dismissal of Election Petition for Non-Disclosure of Cause of Action — Alleged Defects in Nomination Papers Not Substantial Under Representation of the People Act, 1951. Court held that failure to plead material facts and material effect on election result warrants rejection under Order VII Rule 11 CPC....

The present application was filed by the returned candidate, Anil Yeshwant Desai, who was Respondent No.1 in the Election Petition, seeking dismissal of the Election Petition under Order VII Rule 11(a...

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Bombay High Court Allows Assessee's Appeal in Bogus Purchases Case — Disallowance of 10% Purchases Set Aside. ITAT's finding that AO's order was not based on cogent evidence required full deletion of addition, not partial disallowance....

The case involves three Income Tax Appeals filed by the Assessee, Ashok Kumar Rungta, challenging the ITAT's order dated August 9, 2017, which upheld the CIT(A)'s order disallowing 10% of certain susp...

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Bombay High Court Quashes Unreasoned GST Adjudication Order for Violation of Natural Justice — Remands for Fresh Speaking Order. Adjudication order under Section 73 of CGST Act, 2017 set aside for lack of reasons, failure to consider taxpayer's detailed response, and denial of personal hearing....

The petitioner, Bhansali Industries, challenged an adjudication order dated 03 July 2023 passed by the Deputy Commissioner of State Tax, Pune, under Section 73 of the Goods and Services Tax Act, 2017,...

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Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent....

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. The landlords claimed that the original tenant was l...