Bombay High Court

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Bombay High Court Allows Writ Petition for Higher Interest on Refund of Seized Cash in GST Investigation — Circular on Pre-deposit Interest Not Applicable to Seized Amounts. Court held that interest on refund of cash seized during investigation should be at the rate actually earned on fixed deposit or 18% per annum, whichever is higher, to prevent unjust enrichment....

The case involves two writ petitions filed by Ramkaran Karwa and his son Samir Karwa against the Union of India and other GST authorities. The petitioners sought quashing of an Order-in-Original dated...

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Bombay High Court Quashes FIR and Proceedings Under Section 306 IPC for Abetment of Suicide — No Prima Facie Case of Instigation or Abetment Established. Financial Dispute and Suicide Note Without Evidence of Intent to Instigate Suicide Do Not Attract Ingredients of Section 306 IPC....

The applicant, Ramrao Dhakane, filed a Criminal Application under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 111 of 2022 registered at Chakur Police Station, Latur, and ...

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Bombay High Court Dismisses State's Petitions Against Industrial Court Order Granting Permanency to Daily Wage Workers in Social Forestry Scheme. Services Rendered During Pendency of Complaint Under Interim Order Count for Continuous Service....

The judgment arises from a batch of writ petitions filed by the Deputy Director, Social Forestry Division, Solapur, challenging an order of the Industrial Court, Solapur, dated 31 March 2001. The Indu...

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Bombay High Court Dismisses Petition Challenging Appointment of Retired District Judge as Chairperson of Goa Real Estate Appellate Tribunal. Appointment by High-Powered Committee Under Section 46 of RERA Upheld....

The petitioner, a retired District Judge, filed a writ petition challenging the appointment of Respondent No.3, also a retired District Judge, as Chairperson of the Goa Real Estate Appellate Tribunal ...

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Bombay High Court Allows Petition of PwD-OBC Candidate for MBBS Admission Despite Inadvertent Error in NEET Application Form. Court Directs Admission Based on Disability Certificate and Provisional Selection Letter, Emphasizing Substantive Rights Over Technical Errors Under RPwD Act, 2016....

The petitioner, Shahid Akeel Shaikh, a 20-year-old student with a 40% locomotor disability, filed a writ petition seeking admission to the MBBS course under the PwD-OBC (PH) quota. He had inadvertentl...

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Bombay High Court Upholds Validity of IT Rules Amendment on Fake News in Reference Opinion — Rule 3(1)(b)(v) of IT Rules, 2021 Held Not Violative of Articles 14, 19(1)(a), 19(1)(g) of Constitution and Section 79 of IT Act, 2000....

The present proceedings arise from a reference made under Chapter-I Rule 7 of the Bombay High Court Appellate Side Rules, 1960 read with Section 98 of the Code of Civil Procedure, 1908 and Clause 36 o...

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Bombay High Court Upholds Conviction of Appellant for Unnatural Sex and POCSO Act Offences — Age of Victim Proved by School Records. Court holds that certified extract of school admission register, original affidavit register, and admissions register are sufficient to prove victim's age under Section 4 of POCSO Act, even without birth certificate....

The case involves an appeal against the conviction of Pravin @ Tushar Janu Chavan under Sections 377 and 506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences A...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration....

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose and Throat Hospital Private Limited, incorporated to...

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Bombay High Court Quashes Criminal Proceedings in WhatsApp Post Case Due to Lack of Intent and Poor Investigation. Forwarding an objectionable post without deliberate and malicious intention does not attract Sections 295-A, 153-A IPC and Section 3(v) of SC/ST Act....

The applicant, Dnyaneshwar Rohidas Wakale, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of criminal proceedings in Sessions Case No.121/2019 pending...

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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial....

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court in Regular Civil Suit No.25 of 2020. The Trial Co...