Bombay High Court

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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue....

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an order dated 16.06.2022 passed by the Arbitral Tri...

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Bombay High Court Dismisses Writ Petition of CRPF Constable Challenging Dismissal for Theft of Ammunition. The court upheld the disciplinary action, finding no procedural irregularities and that the punishment of dismissal was proportionate to the grave misconduct of stealing arms and ammunition....

The petitioner, Sharad Bhaskar Manekar, was a Constable in the Central Reserve Police Force (CRPF) appointed on 1.1.1997. While posted at Nagpur and assigned guard duty for arms and ammunition, he was...

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Bombay High Court Allows Appeal in Motor Accident Claim — No Fault Liability Compensation Granted Despite Unlicensed Driver. Section 140 of Motor Vehicles Act, 1988 provides interim compensation on no fault basis irrespective of driver's license status....

The appellant, Madhav Vitthal Chattekar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.5 lakhs for injuries and permanent disablement suffered in ...

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Bombay High Court Upholds Conviction of Appellant for Murder, Robbery, and Arson Based on Circumstantial Evidence. Last seen together, recovery of stolen gold chain, and DNA matching on appellant's clothes established guilt beyond reasonable doubt under Sections 302, 449, 392/397, 436, and 201 IPC....

The appellant, Shivdatta @ Biltu Subhodchandra Sah, was convicted by the Additional Sessions Judge, Greater Bombay, for the murder of Bharat Panjiyara, along with offences of house-trespass in order t...

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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...