Bombay High Court

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved....

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family for purchase of non-agricultural land in Nashik for ...

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Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest at 6% per annum from the date immediately after expiry of three months from receipt of refund application till date of refund....

The petitioner, M & G Global Services Pvt. Ltd., is engaged in providing Information Technology enabled services to its group entities located outside India. In providing these output services, the pe...

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Bombay High Court Allows Writ Petition for Counting Probationary Service as Qualifying Service for Pension — State Bank of India Employee's Probation Period Counts Towards Pensionable Service Under SBI Pension Rules....

The petitioner, Mrs. Sameedha Suhas Deshpande, was appointed as a Cashier-cum-Clerk in the State Bank of India (SBI) on 23rd October 1985, subject to a probation period of six months, extendable by th...

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Bombay High Court Allows Accused to Lead Further Defence Evidence and Forward Cheque to Handwriting Expert in NI Act Case — Right to Fair Trial Prevails Over Technical Objections. The court held that the accused's specific defence that the cheque was blank and lost required consideration and that the courts below had not properly exercised their discretion....

The petitioner, Dinesh Dilip Malu, is facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque. During the trial before the Judicial Magistrate First Cla...

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Bombay High Court Upholds Conviction of Appellant for Rape of Mentally Ill 60-Year-Old Woman Under Section 376 IPC. Evidence of Incapacitated Victim and DNA Report Sufficient to Prove Guilt Beyond Reasonable Doubt....

The appellant, Ajmat Shaha @ Ajju Tayyab Shaha, was convicted by the Additional Sessions Judge, Akot, District Akola, for the offence punishable under Section 376(2)(j)(l) of the Indian Penal Code (IP...

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Bombay High Court Quashes Assessment Orders Against Former Directors in GST Case — Personal Liability Cannot Be Imposed Without Shedding Corporate Veil. Directors Who Resigned Prior to Tax Period Cannot Be Held Liable for Company's Tax Dues Under MGST Act, BST Act, and CST Act Without Lifting Corporate Veil....

The petitioners, Mukesh D. Ramani, Satish D. Sanghavi, and Prakash D. Sanghavi, were former directors of Twin City Organics Pvt. Ltd. They filed writ petitions challenging an order dated 27 September ...

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Bombay High Court Dismisses Second Appeal in Property Suit — No Substantial Question of Law Arises. Concurrent findings of fact on possession and part performance under Section 53A of Transfer of Property Act, 1882 upheld....

The case involves a second appeal filed by the legal representatives of the original sole defendant against the judgment and decree passed by the lower appellate court in a suit for possession and mes...

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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Invalidity of Caste Certificate. Court holds that the Scrutiny Committee's order invalidating the petitioner's Hindu Mahadeo Koli Scheduled Tribe certificate was unsustainable due to procedural irregularities and failure to consider relevant documents....

The petitioner, Vaishali Baban Dhumal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the order dated 23.02.2007 passed by the Scrutiny C...