Bombay High Court

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Bombay High Court Grants Interim Relief to Buyer in Scrap Sale Contract Dispute Under Section 9 of Arbitration Act. Court Restrains Seller from Selling Scrap to Third Parties Pending Arbitration, Holding Prima Facie Case and Balance of Convenience in Favor of Buyer....

The petitioner, Chetan Iron LLP, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pending arbitration against the respondent, NRC Ltd. The dispu...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose Material Facts. Reassessment After Four Years Invalid as Assessee Had Made Full Disclosure During Original Assessment Under Section 143(3)....

The petitioner, Glaxosmithkline Pharmaceuticals Ltd., challenged a notice dated 28 March 2019 issued under Section 148 of the Income Tax Act, 1961 for the assessment year 2012-2013, and an order dated...

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Bombay High Court Allows Teacher's Petition in Departmental Inquiry Case Due to Violation of Natural Justice. Termination Order Set Aside as Inquiry Committee Failed to Provide Documents and Cross-Examination Opportunity....

The petitioner, Sudev Nagnath Kamble, was an Assistant Teacher appointed by the Management (Ahilyabai Holkar Shikshan Prasark Mandal) on 25-06-2004. On 15-01-2013, he was issued a show-cause notice co...

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Court Quashes Show Cause Notices Due to Inordinate Delay in Adjudication. Non-communication of transfer of show cause notices to call book violated principles of natural justice, leading to quashing of notices....

The petitioner, a wholly owned subsidiary of ICICI Bank Limited, sought a declaration to quash two show cause notices issued for the financial years 2005-06 and 2006-07, citing inordinate delay in adj...

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Bombay High Court Quashes Tender Process for Unilateral Reduction of Upset Price in Co-operative Bank Property Sale. Tender Authority Cannot Reduce Upset Price After Issuance of Tender Notice Without Fresh Tender Process....

The case involves two writ petitions challenging the decision of the Buldhana District Co-operative Agricultural Rural Multipurpose Development Bank Ltd. (the Bank), a society registered under the Mah...

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High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893....

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October 2003, declaring one-fifth share each to the plain...

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Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible....

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an agreement for sale. The trial court decreed the sui...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory....

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST Intelligence in February 2019. During the investiga...

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Bombay High Court Dismisses Workman's Petition Challenging Interlocutory Order in Domestic Enquiry — Holds That Item 1 of Schedule IV of MRTU & PULP Act Cannot Be Invoked Against Every Interlocutory Order Passed by Enquiry Officer...

The petitioner, Vinod Pattar, a workman employed by M/s. EIH Ltd. (the Oberoi Hotel), challenged an interlocutory order dated 21/12/2021 passed by the Labour Court in a complaint under Item 1 of Sched...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Witnesses and Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Alpesh Tembhurne, was convicted by the Additional Sessions Judge, Wardha, for the murder of Shashank Karwade under Section 302 IPC and sentenced to life imprisonment. The case arose fro...