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Bombay High Court Dismisses State's Appeals in Liquidation Priority Dispute — Official Liquidator's Statutory Lien Under Section 529A of Companies Act Prevails Over State's Claim Under MPID Act. The court held that the Companies Act, 1956, being a special statute for winding up, overrides the MPID Act, 1999, and the Official Liquidator's lien for workmen and secured creditors is paramount....

The case involves two appeals filed by the State of Maharashtra against orders of the Company Court dated 9th June 2017, which rejected the State's claim for priority in the distribution of assets of ...

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  • 152
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Bombay High Court Dismisses BPCL's Challenge to Service Tax on Port Storage Charges. Storage charges collected by Mumbai Port Trust from BPCL for storing petroleum products are taxable as 'port services' under Section 65(105)(zzl) of the Finance Act, 1994....

The petitioners, Bharat Petroleum Corporation Limited (BPCL) and its Territory Manager, filed a writ petition challenging the demand of Service Tax by the Mumbai Port Trust on the gross amount billed ...

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  • 78
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Bombay High Court Allows Writ Petition in Pension Anomaly Case - Extension on Lower Post Results in Reduced Pension. Court directs recalculation of pension based on last pay drawn on higher post of Personal Assistant, holding that extension on lower post cannot reduce pension entitlement under Rule 68 of Maharashtra Civil Services (Pension) Rules, 1982....

The petitioner, Chandrakant Govardhan Berad, joined the District Judicial Service as a Stenographer (Lower Grade) in June 1976 and was promoted to Stenographer (Higher Grade) in June 1981. He was furt...

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  • 77
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Bombay High Court Allows Appeal for Enhancement of Compensation in Workmen's Compensation Case — Deceased Driver's Monthly Income Reassessed at Rs.4,000. The court held that the trial court erred in assessing income at Rs.2,000 per month despite evidence of Rs.4,000, and directed recomputation under Section 4 of the Workmen's Compensation Act, 1923....

The case arises from a fatal accident on 31st January 2003, when the deceased Parmeshwar, while driving a truck during the course of his employment, was hit by an oncoming truck and died on the spot. ...

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  • 18
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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's finding of sole negligence on bus driver upheld as spot panchnama and evidence did not establish deceased's negligence....

The case arises from a motor accident on 22 July 2001 when an ST bus (MH-12/FA-1390) collided with a motorcycle, resulting in the death of Ashok Kolhe. The claimants, being the widow, children, and pa...

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  • 26
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Bombay High Court Allows Revision Against Remand Order in Criminal Case Where Accused Were Acquitted for Want of Prosecution Evidence. The Sessions Court's order of remand was set aside as it exceeded its jurisdiction in an appeal against acquittal....

The applicants, Sudhakar s/o Baburao Biradar and Vaishali w/o Shivprasad Biradar, were original accused in Crime No. 214/2006 registered at Udgir Police Station (Rural) for offences under Sections 406...

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  • 120
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Bombay High Court Allows Management's Writ Petition Challenging Education Officer's Reinstatement Order. The Court held that the Education Officer lacked jurisdiction to order reinstatement without prior approval of the Deputy Director under Section 5 of the MEPS Act, 1977....

The petitioner, Rahuri Education Society, through its Secretary, filed a writ petition challenging an order dated 30-06-2018 passed by the Education Officer (Secondary), Zilla Parishad, Ahmednagar, di...

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  • 75
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Bombay High Court Allows Petition Seeking Release of Mortgage Documents After Full Loan Repayment, Rejects Bank's Claim of General Lien. The court held that a bank cannot retain title deeds deposited as security for a specific loan after full repayment on the ground of other debts, as the general lien under Section 171 of the Indian Contract Act, 1872 does not extend to such documents....

The petitioner, M/s F.A. Construction, a partnership firm, had availed a loan of Rs. 98,00,000 from Andhra Bank (now Union Bank of India) under the Stand-up India Scheme. As security, the petitioner c...

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  • 221
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Bombay High Court Acquits Appellant in POCSO Case Due to Inconsistent Evidence and Failure to Prove Sexual Intent. Conviction under Sections 11(i) and 12 of POCSO Act Set Aside as Prosecution Failed to Establish Sexual Assault Beyond Reasonable Doubt....

The appellant, Mahadev Narayan Bhusari, was convicted by the Special Judge, Warora, in Special (POCSO) Case No.10/2015 for offences under Sections 341, 354-A, 354-D of the Indian Penal Code and Sectio...

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  • 173
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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Applies Multiplier of 18 and Adds 40% Future Prospects for Deceased Labourer Aged 28 Years. Tribunal's award of Rs. 8,10,000 enhanced to Rs. 14,80,800 with interest at 7.5% per annum....

The appellants, being the widow, minor children, and mother of the deceased Dhondiba Gomaji Daware, filed a claim petition before the Motor Accident Claims Tribunal, Bhokar, seeking compensation for h...

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