Bombay High Court

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Bombay High Court Allows Writ Petition Challenging Policy Circular on Export Obligation Discharge. Circular requiring actual use of imported materials for export obligation discharge under Advance Authorization Scheme held ultra vires the Foreign Trade Policy and the Foreign Trade (Development & Regulation) Act, 1992....

The petitioner, Essar Shipping Limited, a company engaged in maritime transport services, challenged Policy Circular No.25 of 2007 dated 1st January, 2008 issued by the Director General of Foreign Tra...

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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability....

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Insurance Act, 1948 (the Act) by the Regional Directo...

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Bombay High Court Allows Writ Petition in Service Tax Dispute Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 — Petitioner's Declaration Wrongly Rejected as Ineligible. Designated Committee's Notice in Form SVLDRS-3 Quashed for Non-Compliance with Scheme Provisions....

The Petitioner, Ashwini Builders and Developers Pvt. Ltd., a company registered under the Companies Act, 1956, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay Hi...

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Bombay High Court Quashes Cancellation of Fair Price Shop Authorization for Mahila Bachat Gats Due to Violation of Natural Justice. Show-Cause Notice Under Maharashtra Scheduled Commodities (Regulation of Distribution) Regulation, 1975 Must Specify Grounds and Hearing Must Be Granted Before Cancellation....

The petitioners, four Mahila Bachat Gats (women's savings groups) authorized to run fair price shops in Taluka Shrirampur, District Ahmednagar, challenged the cancellation of their authorization by th...

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Bombay High Court Quashes Removal of Sarpanch in Maharashtra Village Panchayats Act Case — Minister's Appellate Order Set Aside for Being Non-Speaking and Violating Natural Justice. Appellate Authority Under Section 39(3) Must Pass a Reasoned Order After Considering Submissions; Matter Remitted for Fresh Consideration....

The petitioner, Ankush Pandurang Shinde, was directly elected as Sarpanch of Village Panchayat, Warapgaon, in October 2017. On 30 September 2021, the Divisional Commissioner, Aurangabad, passed an ord...

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Bombay High Court Allows Petition of Sarpanch Challenging Removal Under Maharashtra Village Panchayats Act — Appellate Order Set Aside for Non-Application of Mind. Minister Failed to Consider Petitioner's Submissions, Violating Principles of Natural Justice Under Section 39(3) of the Act....

The petitioner, Vilas Bhagwat Jagtap, was elected as Sarpanch of Village Panchayat Mudegaon in October 2017. Due to political rivalry, respondent no. 4, Pravin Shesherao Jagtap, filed a complaint alle...

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Bombay High Court Allows Writ Petition Against Rejection of SVLDRS Declaration Due to Technical Glitch in Filing Form. The Court held that the Designated Committee must consider the petitioner's explanation regarding the technical glitch and afford an opportunity of hearing before rejecting the declaration under the Sabka Vishwas Legacy Dispute Resolution Scheme, 2019....

The petitioner, M/s. UCN Cable Network (P) Ltd., a private limited company engaged in providing taxable services such as broadcasting and cable operator services, was registered under the erstwhile se...

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Bombay High Court Allows Rape Victim to Terminate 25-26 Week Pregnancy Under Medical Termination of Pregnancy Act, 1971. The court held that the case falls within the exception under Section 3(2)(b) read with Section 3(4)(a) and Section 5(A) of the Act, allowing termination beyond 24 weeks for a rape victim....

The petitioner, a victim of repeated rape from 13.08.2021 to 24.01.2022, became pregnant and sought termination of her pregnancy of 25-26 weeks. She contended that continuation of the pregnancy caused...