Bombay High Court

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Bombay High Court Dismisses Quashing Petition in SFIO Case — Remand Orders Valid Despite Cognizance Issue. Court holds that remand orders under Section 167 Cr.P.C. are independent of cognizance and not subject to challenge under Section 482 Cr.P.C. after filing of complaint....

The applicant, Hari Sankaran, was arrested by the Serious Fraud Investigation Office (SFIO) on 1 April 2019 for an offence punishable under Section 447 of the Companies Act, 2013 in connection with IL...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Extra-Judicial Confession. Conviction under Section 302 IPC set aside as sole basis of extra-judicial confession was not corroborated by any other evidence and the witness turned hostile....

The appellant, Suresh Ladak Bhagat, was convicted by the Additional Sessions Judge, Palghar, for the murder of his wife Lalita Bhagat under Section 302 of the Indian Penal Code and sentenced to life i...

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Bombay High Court Allows Resignation from PG Medical Seat Without Penalty — Voluntary Resignation Before Course Commencement Not Prohibited by Information Bulletin. Court Directs Acceptance of Resignation and Refund of Bond Amount Under Article 226 of Constitution of India....

The petitioner, Dr. Neil Jayant Shah, a MBBS graduate from Grant Medical College, Mumbai, secured All India Rank 11 in NEET-PG 2021. In the counselling process, he was allotted an M.S. Orthopaedic sea...

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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...