Bombay High Court

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Bombay High Court Commutes Death Sentence of Two Convicts Due to Inordinate Delay in Mercy Petition Disposal; Delay of Seven Years Ten Months Violates Article 21. The Court Followed the Precedent in Shatrughan Chauhan Holding That Unexplained Delay in Executive Mercy Process Infringes Fundamental Right to Life, Warrants Commutation to Life Imprisonment....

The present writ petition was filed by two sisters, Renuka Shinde and Seema Gavit, who were convicted of multiple child kidnappings and murders and sentenced to death. They sought commutation of their...

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Bombay High Court Dismisses Son's Petition Challenging Tribunal Order to Vacate Mother's Tenement Under Senior Citizens Act. Mother's right to reside in her own property upheld against son's claim of ownership....

The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother owned a tenement admeasuring 300 sq. ft. in Mumbai, w...

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Bombay High Court Quashes Chargesheet Against Retired Professor in University Departmental Enquiry — Delay and Lack of Sanction Render Proceedings Invalid. Post-retirement disciplinary proceedings initiated after superannuation without prior sanction under Maharashtra Civil Services (Pension) Rules, 1982, and with inordinate delay, are unsustainable....

The petitioner, Dr. Dipak Vishwnathrao Muley, a retired Professor of Shivaji University, Kolhapur, challenged a chargesheet dated 28 August 2018 issued by the university and the consequent departmenta...

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Bombay High Court Upholds Life Sentence for Murder of Minor Girl in IPC Case — Conviction Based on Testimony of Accompanied Girls and Medical Evidence....

The appellant, Deva alias Devendra s/o Ishwar Gabhane, was convicted by the Additional Sessions Judge, Bhandara, for offences under Sections 302, 354D, 241, 504 and 506(II) of the Indian Penal Code fo...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Death of Driver in Course of Employment Entitles Dependents to Compensation. Employer's Failure to Produce Evidence Leads to Adverse Inference Under Section 114(g) of Evidence Act....

The appeal arises from the dismissal of an application for compensation under the Workmen's Compensation Act, 1923, by the Commissioner for Workmen's Compensation and Judge, 8th Labour Court, Mumbai. ...

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Bombay High Court Upholds Ordinance Increasing Municipal Councillors in Mumbai. State Legislature Competent to Amend Mumbai Municipal Corporation Act, 1888 to Increase Directly Elected Councillors from 227 to 236 Based on 2011 Census....

The petitioners, who are councillors of the Mumbai Municipal Corporation, challenged the constitutional validity of Ordinance No.XIII of 2021 dated 30 November 2021, which amended Section 5(1)(a) of t...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Assessment Reopened Beyond Four Years Based on Mere Change of Opinion Without New Tangible Material, Violating Section 147 Proviso....

The petitioner, Macrotech Developers Limited (successor to Palava Dwellers Pvt. Ltd.), challenged a notice dated 27 March 2019 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen th...

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High Court of Bombay Dismisses Revenue's Appeal in Modvat Credit Case — Captive Power Plant Erection Eligible for Credit Under Rule 57Q(6) of Central Excise Rules, 1944. Substantial questions of law answered in favor of assessee regarding eligibility of credit on capital goods used in erection of captive power plant by other divisions of the same group....

The case involves an appeal by the Revenue against the order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) which upheld the Commissioner (Appeals)'s decision allowing Modvat credit ...

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Bombay High Court Allows Petition of Transport Firm Challenging Disqualification in Tender for Food-grain Transport. Court Holds That Experience Certificate from Private Entity Satisfies Tender Condition of 'Similar Work' Under Government Resolution Dated 15.01.2021....

The petitioner, M/s Krushna Kumar Gokulchand, a registered partnership firm, challenged a communication dated 30.09.2021 by which it was disqualified from participating in a tender process initiated b...