Bombay High Court

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case on Pipeline Laying — Laying of Pipelines for Water Supply Project Falls Under 'Erection, Commissioning or Installation Service' and Is Taxable Under Finance Act, 1994....

The appeal was filed by the Commissioner of Service Tax, Mumbai-VII Commissionerate, under section 35G of the Central Excise Act, 1944 read with Finance Act, 1994, against the order dated 14th August ...

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Bombay High Court Dismisses Revenue's Appeal in Bogus Purchase Case — ITAT's Direction to Delete Addition Upheld. Court holds that when purchases are not disputed as genuine but only as from non-existent parties, only profit element embedded in such purchases can be added, not the entire purchase amount....

The case involves two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT) dated 5 July 2017. The ITAT had dis...

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Bombay High Court Allows Remission to POCSO Convict Under Government Resolution — District Judge's Opinion Not Binding. The court held that the seriousness of the offence alone is not a ground to deny remission if the convict is not in the excluded category under the Government Resolution dated 03/06/2017....

The petitioner, Vipin Banduji Kamble, was convicted for offences under Section 376(2)(i) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, and senten...

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Bombay High Court Acquits Accused in Murder and Robbery Case Due to Lack of Circumstantial Evidence. Conviction Based on Last Seen Theory and Recovery of Stolen Articles Fails as Circumstantial Evidence Does Not Form Complete Chain Pointing to Guilt Under Sections 302 and 392 of Indian Penal Code, 1860....

The appellant, Radhe Zulidas Mandal, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 34 of 2012 for offences under Section 302 read with Section 34 IPC (murder) and...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Dismissal of Section 9 Petition for Interim Relief. Court Holds That a Prima Facie Case for Interim Measures Exists When There Is a Valid Arbitration Agreement and the Subject Matter of Dispute Is at Risk of Being Frustrated....

The appellant, Kalpataru Limited, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of a learned Single Judge dated 16 December 2021, which dismi...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music....

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd April 2019, which granted an interim injunction rest...

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Bombay High Court Dismisses Customs Reference Application for Non-Compliance with Time Limit Under Section 130A(4) of Customs Act, 1962. CESTAT's failure to submit statement of case within 120 days renders reference time-barred, leading to discharge of bank guarantee....

The petitioners, Asit C. Mehta Financial Services Limited and Asit C. Mehta, filed a writ petition seeking dismissal of Customs Application No. 28 of 2001 pending before the Customs, Excise and Servic...

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Bombay High Court Quashes Senior Citizens Tribunal Order Directing Son to Vacate Flat and Pay Maintenance to Mother — Tribunal Exceeded Jurisdiction Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by Deciding Title and Granting Possession Without Proper Inquiry....

The petitioners, Hemant Gamanlal Mehta and his wife Heena Hemant Mehta, challenged an order dated 28 July 2022 passed by the Sub Divisional Officer, Eastern Suburbs, Mumbai Suburban District, acting a...

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Bombay High Court Allows Appeal in Railway Accident Claim Case Due to Failure to Consider Evidence. Tribunal's Rejection of Compensation Claim Set Aside as Deceased Was a Bona Fide Passenger and Death Occurred Due to Accidental Fall from Train....

The appellants, sons of the deceased Dhondabai, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for the death of their mother, who died after falling from a tra...

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Bombay High Court Dismisses Writ Petition Against MSME Facilitation Council Award on Maintainability Grounds. Council Has Jurisdiction Over Disputes Arising Before 2006 Act Came Into Effect....

The petitioner, Bajaj Auto Limited, challenged an award of the Micro and Small Enterprises Facilitation Council (respondent no. 4) in a writ petition before the Bombay High Court. The dispute involved...