Bombay High Court

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Classification Dispute. CESTAT's finding that activity was classifiable under Works Contract Service rather than Erection Commissioning and Installation Service upheld....

The Commissioner of CGST & Central Excise, Thane, filed an appeal under Section 35G of the Central Excise Act, 1944 read with Finance Act, 1994 against the order dated 25th May, 2018 passed by the Cus...

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Bombay High Court Quashes Seizure and Fine in Minor Mineral Transport Case — Tractor Carrying Murum for Filling Potholes Not Illegal Mining. Use of Tractor for Personal Purpose Without Royalty Receipt Does Not Attract Penalty Under Maharashtra Land Revenue Code, 1966....

The petitioners, Prakash Tumdu Chaudhari and Sujit Prakash Gujrati, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the...

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Bombay High Court Quashes Seizure of Immovable Property Under Section 102 CrPC — Police Cannot Seize Immovable Property. The court held that seizure of immovable property by police under Section 102 of the Code of Criminal Procedure, 1973 is not permissible, relying on the Supreme Court's decision in Nevada Properties Private Limited v. State of Maharashtra....

The petitioners filed a criminal writ petition challenging the seizure of their immovable property by the investigating officer under Section 102 of the Code of Criminal Procedure, 1973. The Bombay Hi...

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High Court of Bombay at Goa Examines Validity of Service Tax Demand Order Alleged to be Cryptic and Non-Speaking. Court Reviews Whether Demand for Service Tax on Support Service of Business or Commerce is Sustainable After Cancellation of Joint Venture and in Light of Tribunal Finding of No Service Provider-Receiver Relation....

The petitioner, M/s Vainguinim Valley Resort Unit of Britto Amusements Pvt Ltd, engaged in restaurant, accommodation, Internet cafe, cab operations, health club, beauty parlor, dry cleaning, and outdo...

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Bombay High Court Upholds Conviction of Accused for Culpable Homicide Not Amounting to Murder in Chicken Shop Quarrel Case. The court held that pressing the neck and giving fist blows with knowledge of likelihood of death constitutes culpable homicide under Section 304(II) IPC, not murder....

The case arises from an incident on 26/01/2015 at about 8:00 p.m. when the deceased Firoz Shaikh, who ran a chicken shop, refused to give chicken to the accused due to pending dues. A quarrel ensued, ...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication....

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs from the Maharashtra State Road Development Corporati...

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Bombay High Court Dismisses Appeal Against Rejection of Amendment and Adjournment in Civil Suit — No Interference with Discretionary Orders Under Order VI Rule 17 and Order XVII Rule 1 CPC....

The appellants, original defendants in a civil suit, filed an appeal challenging two orders passed by the Civil Judge Senior Division, Gangakhed: (1) order dated 26.06.2014 rejecting their application...

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Bombay High Court Allows Writ Petition Challenging No Confidence Motion Against Sarpanch Due to Insufficient Notice Period. Notice Period of 15 Days Under Section 35 of Maharashtra Village Panchayats Act, 1959 Must Exclude Date of Notice and Date of Meeting....

The petitioner, Shaikh Jadanbee Shaikh Rais, was the Sarpanch of Gram Panchayat Garkheda-Jomala, Taluka Bhokardan, District Jalna. Respondent No.5, Shaikh Mukhtar Shaikh Hanif, along with other member...

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Bombay High Court Quashes Magistrate's Order Directing Investigation Under Section 156(3) CrPC in Liquor Licence Dispute Between Relatives. Application Under Section 156(3) CrPC Filed with Oblique Motive to Harass Licensees, Not for Genuine Investigation....

The applicants, four women who are close relatives of non-applicant No.3, challenged an order dated 4.1.2016 passed by the Judicial Magistrate First Class, Malegaon, directing the police to investigat...