Bombay High Court

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Bombay High Court Allows Writ Petition Challenging Service Tax Show Cause Notice Issued by Non-Jurisdictional Commissionerate. Notice issued by Delhi Commissionerate for Mumbai-based assessee held without jurisdiction as territorial jurisdiction lies with Commissionerate where the assessee's registered office is located....

The Petitioner, CMA-CGM Agencies (India) Pvt. Ltd. (formerly APL (India) Pvt. Ltd.), a company incorporated under the Companies Act, 2013, is engaged in providing steamer agent, cargo handling, busine...

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Bombay High Court Dismisses Petition Challenging DRAT Order Rejecting Condonation of 856-Day Delay in Filing Appeal Against Decree on Admission. Petitioner's Withdrawal of Timely Appeal and Subsequent Delay Not Justified as Sufficient Cause Under Section 5 of Limitation Act, 1963....

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition challenging the order dated 9 November 2022 passed by the Debt Recovery Appellate Tribunal (DRAT), Mumbai, which r...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Unreliable Dying Declaration and Lack of Corroboration. Conviction under Sections 498-A and 302 IPC Set Aside as Dying Declaration Suffered from Inconsistencies and Was Not Corroborated by Medical Evidence or Other Witnesses....

The appellant, Haridas s/o Kundlik Pokale, was convicted by the learned Sessions Judge, Beed on 06.10.2015 for offences under Sections 498-A and 302 of the Indian Penal Code for the dowry death of his...

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Bombay High Court Dismisses Appeal in Motor Accident Claim Due to Lack of Evidence of Negligence. Claimants Failed to Prove That the Offending Vehicle Was Involved in the Accident, and Non-Examination of Eyewitness Led to Adverse Inference....

The appellants, original claimants, filed an appeal against the judgment dated 07.05.2004 of the Motor Accident Claims Tribunal, Jalgaon, which dismissed their claim for compensation of Rs. 5,00,000/-...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC Set Aside as Dying Declarations Contradicted Each Other and Medical Evidence Did Not Support Prosecution Case....

The appellant, Dilip Sukhdeo Gaikwad, was convicted by the Additional Sessions Judge, Jalgaon, for the murder of his wife Tulsabai under Section 302 IPC and sentenced to life imprisonment. The prosecu...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Objections to Nomination in Co-operative Society Election — Petitioner's Objections to Respondent's Nomination Were Not Properly Considered by Election Officer...

The petitioner, Vaibhav Manohar Bhokare, filed two writ petitions challenging an order dated 03.01.2023 passed by the District Co-operative Election Officer (respondent no.2) in the election of Yogesh...

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Bombay High Court Allows Discharge in Rape Case Based on Consensual Relationship and Breach of Promise Not to Marry. The court held that a mere breach of promise to marry does not constitute rape under Section 376 IPC if the promise was not false from inception, and the provisions of the SC/ST Act are not attracted when the parties belong to the same caste....

The appellant, Prathamesh Surendra Sohale, aged 24, was charged under Sections 376, 376(2)(n) of the Indian Penal Code, 1860, and Sections 3(1)(w)(i), 3(2)(5) of the Scheduled Castes and Scheduled Tri...

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Bombay High Court Allows Appointment of Sole Arbitrator in Commercial Dispute Over Purchase Orders. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause....

The applicant, Bajaj Electricals Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to adjudicate disputes arising f...