Bombay High Court

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Bombay High Court Quashes Wilful Defaulter Declaration Against Directors Due to Violation of Natural Justice. Show-Cause Notice Not Served to Directors Individually, Only to Company, Rendering WDIC and Review Committee Orders Unsustainable....

The petitioners, who are directors of M/s. Universal Industrial Equipments and Technical Services Pvt. Ltd., challenged orders dated 07.12.2020 and 26.03.2021 passed by the Wilful Defaulter Identifica...

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Bombay High Court Allows Writ Petition Challenging Rejection of Form-1 Under Direct Tax Vivad Se Vishwas Act, 2020 — CBDT Circular Cannot Override Statutory Provisions. The Court held that the statutory definition of 'pending appeal' under Section 2(1)(j) does not require the appeal to be pending as on 31.01.2020, and the CBDT circular cannot add such a condition....

The petitioner, M/s. Om Shivam Buildcon Private Limited, filed a writ petition challenging the rejection of its declaration in Form-1 under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act). The p...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation from Rs.7.82 Lakhs to Rs.34.72 Lakhs. Deceased Self-Employed Driver's Income Assessed at Rs.15,000 per Month with 40% Future Prospects and Multiplier of 18 Applied, Contributory Negligence Rejected....

The appeal arises from a vehicular accident on 11-5-2017 at Gimona Phata, Babhulgaon, on Babhulgaon-Yavatmal Road, where Vaibhav Wagh died after being hit by an MSRTC bus. The claimants, his widow, mi...

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Bombay High Court Allows Writ Petition for MEIS Benefits on Cashew Kernel Exports. Exporters entitled to MEIS reward at 5% rate for exports made after 01.11.2017, even if shipping bills were filed before that date....

The petitioner, Ajanta Industries, a proprietorship concern engaged in manufacturing and exporting cashew kernels, sought to avail the benefit of the Merchandise Export from India Scheme (MEIS) under ...

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Bombay High Court Allows Landlord's Petition in Eviction Case for Default in Rent Payment Under Section 12(2) of Bombay Rent Act. Appellate Court's Reversal Set Aside as Tenant Failed to Pay Rent Regularly and Did Not Deposit Rent on First Day of Hearing....

The petitioner, the original plaintiff and landlord, filed a suit for eviction of the respondent-tenant under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay...

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Bombay High Court Allows Default Bail Application Filed Under Section 482 CrPC by Accused in UAPA Case, Holding Extension of Detention and Cognizance by Non-Special Judge Void. Unlawful Extension of Detention Under Section 43-D(2) UAPA and Cognizance by Judge Not Designated Under NIA Act Rendered Proceedings Without Jurisdiction....

The matter arose from an FIR initially registered with Vishrambaug Police Station in connection with the Elgar Parishad programme held on 31st December 2017, alleging offences under the Indian Penal C...

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Bombay High Court Acquits Mother-in-Law in Dowry Death Case Due to Unreliable Dying Declaration. Conviction under Sections 498A and 306 IPC Set Aside as Dying Declaration Suffered from Inconsistencies and Was Not Corroborated by Other Evidence....

The appellant, Indubai Rangrao Pawar, was convicted by the trial court for offences under Sections 498A and 306 read with Section 34 of the Indian Penal Code for allegedly harassing her daughter-in-la...

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Bombay High Court Allows Family Pension to Widow Despite Bigamous Marriage Prior to Hindu Marriage Act, 1955 — Marriage Valid Under Custom, Not Void Ab Initio. The court held that a marriage performed before the Act is not void and the widow is entitled to family pension under Rule 116 of Maharashtra Civil Services (Pension) Rules, 1982....

The petitioner, Kanta Anant Dhayarkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quashing of a communication dated 30th June 2014 and an...

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High Court of Bombay Alters Conviction from Murder to Culpable Homicide Not Amounting to Murder in Matrimonial Death Case. Conviction Under Section 302 IPC Set Aside in Favor of Section 304-II IPC as the Act Was Committed in Heat of Passion Without Premeditation, and Dying Declaration Indicated Deceased Poured Kerosene on Herself....

The appellant, Naresh Bhaduji Dhurve, was convicted by the Additional Sessions Judge-2, Amravati, in Sessions Trial No. 89/2016 for the murder of his wife Anju, under Section 302 of the Indian Penal C...