Bombay High Court

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Bombay High Court at Goa Upholds Compulsory Retirement of Primary Teacher in Disciplinary Proceeding — Inquiry Conducted in Compliance with CCS(CCA) Rules and Goa School Education Rules, 1986. The court dismissed the writ petition challenging the order of compulsory retirement, holding that the inquiry was fair and the penalty was proportionate....

The petitioner, Mrs. Meena P. Gaykar, was a primary teacher appointed in 1997 at a school run by respondent no.1, Prabodhan Education Society. On 10.1.2014, a chargesheet was issued to her alleging se...

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Bombay High Court Allows Advocate Presence at Visible Distance During Customs Statement and Orders De-Sealing of Premises in Gold Smuggling Investigation. Petitioner's Right to Counsel Recognized as Harmless, and Continued Sealing Without Show Cause Notice Held Unjustified Under Sections 110 and 121 of Customs Act, 1962....

The petitioner, Kalpesh Ghevarchand Jain, filed a writ petition before the Bombay High Court seeking two reliefs: (1) recording of his statement under Section 108 of the Customs Act, 1962 in the prese...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract....

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.2022 with the Respondent, Infinity Global Supply Cha...

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Bombay High Court Partially Allows Arbitration Petitions Challenging Award on Agreement for Sale — Refund Ordered Instead of Specific Performance. The court upheld the arbitral tribunal's refusal to grant specific performance but reduced the interest rate on refund from 8% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996....

The judgment concerns two arbitration petitions arising from a common arbitral award dated 31st March 2022. The dispute originated from a registered agreement dated 6th October 2003 between John Peter...

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Bombay High Court Partly Allows Writ Petition Challenging Recovery Order in Unfair Labour Practice Case — Interest Rate Reduced from 10% to 6%. The court upheld the recovery of principal amounts under Section 50 read with Section 48 of MRTU & PULP Act, 1971 but reduced the interest rate from 10% to 6% per annum....

The petitioner, Lintas India Pvt Ltd, challenged an order of the Industrial Court, Mumbai, dated 24th December 1999 in Recovery Application (ULP) No. 04 of 2018 in Complaint (ULP) No. 1161 of 1989. Th...

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Bombay High Court Allows Writ Petition Challenging Panchayat Resolution for Violation of Natural Justice. Resolution passed without notice to petitioner and without considering his objections set aside....

The petitioner, Mr. Roque Menezes, filed a writ petition before the Bombay High Court at Goa challenging a resolution passed by the Village Panchayat of Chodan-Madel, Tiswadi-Goa. The resolution, pass...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings....

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respondent No.1 (original plaintiff) seeking a declarati...

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Bombay High Court Dismisses Municipal Corporation's Petitions Challenging Rejection of Delay Condonation in Property Tax Appeals — Upholds District Judge's Finding of No Sufficient Cause for 6-Year Delay Under Section 411 of Maharashtra Municipal Corporation Act...

The Municipal Corporation of Thane filed seven writ petitions challenging a common judgment dated 1 July 1999 by the 4th Additional District Judge, Thane, which rejected their applications for condona...

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Bombay High Court Allows Writ Petition Against Rejection of SVLDRS Application for Service Tax Dispute. The court held that a VCES declaration that was not filed within the prescribed time and not processed does not constitute a 'voluntary disclosure' under Section 125(1)(e) of the Finance (No.2) Act, 2019, thus the petitioner is eligible for the Sabka Vishwas Scheme....

The petitioner, Deelight Fortune Private Limited, a company incorporated under the Companies Act, 1956, had given its commercial premises on leave and license basis. With the amendment to Section 65(1...