Bombay High Court

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High Court of Bombay at Goa Considers Validity of Direct Recruitment of Lower Division Clerk in Aided Minority School. Petition Raises Question Whether LDC is a Promotional Post Under Rule 79 of Goa School Education Rules, 1986....

The petitioner, a peon working at St. Britto High School, an aided minority institution, filed a writ petition challenging the direct recruitment of the fourth respondent as a Lower Division Clerk (LD...

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High Court of Bombay at Goa Dismisses Revision Challenging Rejection of Plaint Rejection Application in Tenancy Dispute — Civil Court Jurisdiction Not Barred Under Agricultural Tenancy Act as Plaint Discloses Cause of Action for Easementary Rights and Possessory Remedies....

The petitioner, Comunidade of Calapur, filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 07/09/2017 passed by the learned Civil Court in Regular Civil Suit No...

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Bombay High Court Dismisses Petition Challenging Customs Confiscation of Foreign Currency — Upholds Rejection of Revision Under Section 129DD of Customs Act, 1962. Petitioner failed to prove lawful acquisition and possession of foreign currency equivalent to Rs. 33,06,667.60, leading to confiscation and penalty....

The petitioner, Jayendra Chandulal Thakkar, was intercepted at Mumbai airport on 14 March 2006 while traveling to Doha. He declared carrying foreign currency equivalent to US $4000, but a search revea...

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Bombay High Court Quashes FIR Against Husband and Mother-in-Law in Dowry Harassment Case Due to Lack of Specific Allegations. Vague and omnibus allegations in matrimonial dispute cannot sustain criminal proceedings under Sections 498A, 406 IPC and Dowry Prohibition Act....

The judgment pertains to two connected matters: Criminal Application No.488 of 2020 filed by Hemant Dhirajlal Banker (husband) and Interim Application No.1252 of 2023, along with Criminal Writ Petitio...

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Bombay High Court Acquits Accused in Stabbing Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 335 and 452 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The case pertains to an appeal against the conviction of the appellant under Sections 335 and 452 of the Indian Penal Code, 1860. The prosecution alleged that on the evening of 8 November 1992, the ap...

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Bombay High Court Allows Refund of EMD in Tender Dispute - Petitioner Entitled to Full Refund of Earnest Money Deposit as Forfeiture Without Specific Clause is Unjust Enrichment. The Court directed refund of balance 10% EMD of Rs.12 lakhs as retention without contractual basis is impermissible....

The Petitioner, M/s. API Civilcon Private Limited, filed a Writ Petition seeking a writ of mandamus against the Municipal Corporation of Greater Mumbai (MCGM) and its officers for refund of Rs.1.20 cr...

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High Court of Judicature at Bombay, Nagpur Bench, considers criminal appeals challenging conviction for murder under Section 302 read with Section 34 IPC and Section 135 Maharashtra Police Act. The case arose from a fatal assault on the deceased on 23 March 2015, and the extracted text describes prosecution witnesses and investigation without final appellate holding....

These criminal appeals arose from the judgment of conviction and sentence dated 19-07-2018 passed by the Additional Sessions Judge-2, Nagpur, in Sessions Trial 275/2015. The trial court convicted Dine...

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Bombay High Court Allows Revenue's Appeal in FII Capital Gains Tax Case — Remands to ITAT for Fresh Consideration of Article 24 DTAA Compliance. Interpretation of Article 24 of India-Singapore DTAA requires examination of whether capital gains were subject to tax in Singapore on receipt basis....

The case involves an appeal by the Commissioner of Income Tax (IT) - 2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 24 March 2017. The respondent-assessee, M/s Citicorp Investmen...

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Bombay High Court Allows Revenue Appeal in SAP System Royalty Case — Payments for Use of Computer Software Constitute Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. The court held that payments for use of SAP system and related services are taxable as royalty and fees for technical services, reversing the ITAT order....

The present appeal was filed by the Revenue (Commissioner of Income Tax) challenging an order dated 25th January 2017 passed by the Income Tax Appellate Tribunal (ITAT). The respondent, M/s. Colgate P...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988....

The appellant, Chandrakant Nivrutti Pagar, a Talathi, was convicted by the Special Judge (Anti Corruption), Nashik for offences under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act...