Bombay High Court

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Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand....

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial court's decree. The trial court had considered all iss...

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Bombay High Court Dismisses Petitions Challenging GST on DAP and MOP Fertilizers Under Reverse Charge. Fertilizer dealers cannot claim exemption for DAP and MOP as they are mineral fertilizers, not chemical fertilizers, under Notification No. 9/2017-Integrated Tax (Rate) dated 28.06.2017....

The petitioners, Ambica Fertilizers, Balaji Agro Agency, Mahesh Agro Agency, and Shree Ambica Fertilizers, are dealers in fertilizers including Di-Ammonium Phosphate (DAP) and Muriate of Potash (MOP)....

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Bombay High Court Allows Second Appeal in Land Acquisition Compensation Case — Appellants Entitled to Enhanced Compensation for Acquired Land. Court holds that the appellate court failed to properly re-appreciate evidence and apply the principles of Santosh Hazari, leading to perverse findings....

The case pertains to a second appeal filed by the original claimants (appellants) against the judgment of the appellate court which reduced the compensation awarded by the trial court for the acquisit...

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High Court of Bombay at Nagpur Dismisses Employer's Appeal in Workman's Death Compensation Case — Death Due to Heavy Workload During Employment. Employer failed to rebut presumption that death arose out of employment under Section 3 of the Employees' Compensation Act, 1923....

The case involves an appeal by the Maharashtra State Road Transport Corporation (MSRTC) against an award of compensation under the Employees' Compensation Act, 1923. The deceased, Mohd. Shami, was emp...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order 7 Rule 11(d) CPC when suit is within limitation based on plaint averments, and that bar under Section 23 of Indian Contract Act, 1872 requires trial....

The petitioner, Goodwill Realtors and Properties Pvt. Ltd., filed a Civil Writ Petition under Article 227 of the Constitution of India challenging an order dated 30th January 2021 passed by the City C...

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Bombay High Court Dismisses Tenant's Writ Petition Against Interim Rent Fixation Due to Alternative Remedy of Appeal. Order under Section 8 of Maharashtra Rent Control Act, 1999 for interim fair rent is appealable under Section 34 before District Court....

The petitioner, a tenant, challenged an order dated 24/02/2021 passed by the Court of Small Causes, Nagpur, which partly allowed the respondent-landlord's application for fixation of interim fair/stan...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Due to Defective Notice Under Section 21 of the E.T. Act. Notice Issued by Commissioner but Signed by Assistant Commissioner Held Incurable Defect, Vitating Proceedings....

The Commissioner of Income Tax filed an appeal under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal (ITAT), Mumbai Bench, dated 20/10/2005. The appeal ...

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High Court of Bombay at Goa Acquits Appellant in Murder Case Due to Weak Circumstantial Evidence. Conviction Under Sections 302 and 201 of Indian Penal Code, 1860 Set Aside as Prosecution Failed to Establish Last Seen Together, Extra-Judicial Confession, and Blood Evidence Chain Excluding Innocence....

This criminal appeal was filed before the High Court of Bombay at Goa challenging the judgment and order dated 30.11.2017 passed by the Additional Sessions Judge, which had convicted the appellant for...