Bombay High Court

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Bombay High Court Allows Accused to Produce Documents in NI Act Case — Section 294 CrPC Does Not Bar Production of Documents at Any Stage. The court held that the Magistrate erred in rejecting the application for production of documents as Section 294 CrPC permits production at any stage if relevant for just decision....

The petitioners, accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed an application under Section 294 of the Code of Criminal Procedure, 1973 seeking permission to ...

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Bombay High Court Allows Customs Duty Refund for Re-imported Goods Under Section 26(1)(b) of Customs Act, 1962 — Re-importation Within One Year of Export Qualifies for Refund Despite Procedural Lapses...

The petitioner, Covestro India Private Limited, exported certain goods for exhibition purposes and subsequently re-imported them. The petitioner paid customs duty on re-importation and later claimed a...

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Bombay High Court Allows School Management's Writ Petitions Challenging Education Officer's Order Setting Aside Teacher's Termination. Termination of Teacher for Misconduct Upheld as Disciplinary Inquiry Was Fair and Compliant with Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioners, the President and Head Master of Adarsh Vidya Mandir, a private aided school run by Adarsh Vidya Prasarak Sanstha, filed two writ petitions challenging the order of the Education Offi...

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996....

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment and order dated 11.09....

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Bombay High Court Quashes Order for Psychiatric Examination of Wife in Divorce Case — No Prima Facie Material to Justify Medical Examination Under Hindu Marriage Act. The Court held that a party cannot be compelled to undergo psychiatric evaluation based on mere allegations of mental disorder without supporting evidence....

The case arises from a divorce petition filed by the husband (respondent) under Section 13(1)(ia)(ib) and (iii)(a)&(b) of the Hindu Marriage Act, 1955, seeking divorce on the ground that the wife (pet...

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Bombay High Court Allows Partition Suit Plaintiffs' Writ, Restores Injunction Against Alienation of Joint Family Property. Trial Court's Order Granting Temporary Injunction Under Order 39 Rule 1 CPC Was Properly Passed and Appellate Court Erred in Reversing It Without Considering Prima Facie Case of Joint Tenancy....

The petitioners, Rohit and Radha Panbisare, filed a suit for partition and separate possession of suit property, including land Gat no.224 and a house constructed thereon, situated at village Tisgaon,...

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Bombay High Court Dismisses Convict's Parole Application for Want of Jurisdiction - Abu Salem's Parole Plea Rejected as Filed Before Wrong Court. The court held that the petition was not maintainable as it was filed before the wrong bench, and the convict must approach the appropriate court having jurisdiction over the prison where he is confined....

The petitioner, Abu Salem Abdul Qayoom Ansari, a convict currently confined in Nashik Road Central Prison, filed a writ petition before the Bombay High Court seeking parole. The petitioner was represe...

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Bombay High Court Allows Refund of IGST with Interest for Zero-Rated Export Supplies Under CGST and IGST Acts. Petitioner entitled to refund of IGST paid on export of goods along with interest from date of shipping bill till actual refund....

The petitioner, Shri Charan Singh Surjit Singh Gujral, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay. The petitioner sought a writ ...

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Bombay High Court Allows Refund Appeals in GST Case Despite Limitation Bar — Deficiency Memo Not Issued. Rule 92 of CGST Rules, 2017 Mandates Issuance of Deficiency Memo and Opportunity of Hearing Before Rejecting Refund Application; Appellate Authority Must Consider Limitation Issue on Merits....

The petitioner, K Line India Pvt. Ltd., a company providing shipping services, filed refund applications for IGST paid on zero-rated supplies to SEZ units in December 2017. The refund application was ...