Bombay High Court

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Bombay High Court Dismisses Petition Seeking Input Tax Credit on Breakwater Construction Under CGST Act. Breakwater Held to Be Immovable Property and Not 'Plant or Machinery' Under Section 17(5)(d) of CGST Act, 2017....

The petitioner, Konkan LNG Private Limited, a subsidiary of GAIL (India) Ltd., is engaged in the regassification of LNG at its plant in Dabhol. To enable all-weather berthing of LNG carriers, the peti...

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Bombay High Court Dismisses Writ Petitions Challenging Central Administrative Tribunal Order in Apprentice Absorption Dispute — Seniority Computation Based on Date of Absorption Upheld....

The judgment concerns two writ petitions filed by employees of the Naval Dockyard, Mumbai, challenging an order of the Central Administrative Tribunal dated 26th April 2013. The Tribunal had dismissed...

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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Repeated Allegations and Prior Acquittal — Misuse of Section 498-A IPC Found. The court held that a second FIR with similar allegations after a prior acquittal based on the complainant's own testimony does not constitute an offence and is an abuse of process....

The Bombay High Court quashed criminal proceedings in R.C.C.No. 2018 of 2013 pending before the Judicial Magistrate First Class, Pimpri, Pune, arising out of C.R.No. 396 of 2012. The applicants, inclu...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC....

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in respect of a flat. The original defendant, Savitri D...

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Bombay High Court Dismisses Landlord and New Tenant's Revision Petitions in Tenancy Dispute — Upholds Appellate Court's Declaration of Tenancy Rights of Legal Heir. The court held that the Small Causes Court has jurisdiction to entertain a suit by a tenant against a trespasser for possession under Section 33 of the Maharashtra Rent Control Act, 1999....

The case involves two Civil Revision Applications filed under Section 115 of the Code of Civil Procedure, 1908, by the original defendant no.1 (landlord) and defendant no.2 (new tenant) against the ju...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession....

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a suit for eviction on the ground that the tenant was i...

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Bombay High Court Acquits Appellant in Murder Case Due to Insufficient Circumstantial Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Sections 302, 328, 394 r/w 34 IPC....

The appellant was convicted by the Additional Sessions Judge, Mumbai for offences under Sections 328, 302, and 394 read with Section 34 of the Indian Penal Code for the murder of Aarti Chabalani on 17...

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Bombay High Court Dismisses Appeal of Accused in POCSO Case — Upholds Conviction for Rape of Five-Year-Old Based on DNA Evidence. Semen on Victim's Clothes Matched Accused's DNA, Corroborating Victim's Account Despite Absence of Physical Injuries....

The case involves an appeal against the conviction of the accused for the rape of a five-year-old girl under Section 376(2)(i)(j) IPC and Section 5(m) punishable under Section 6 of the POCSO Act. The ...

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Bombay High Court Grants Anticipatory Bail to Accused in Fatal Hit-and-Run Case Due to Lack of Prima Facie Evidence of Knowledge Under Section 304 IPC. The court held that the blood alcohol level was within permissible limits under Section 185 MV Act and that custodial interrogation was not required....

The applicant, a female MBA graduate and businesswoman, sought anticipatory bail under Section 438 CrPC in connection with a fatal hit-and-run accident. On 25.2.2024, she allegedly drove her Mercedes ...