Bombay High Court

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Bombay High Court Quashes FIR Against Government Engineers in SC/ST Act Case for Lack of Intent to Humiliate. Caste-Based Insult Allegation Fails as Incident Occurred in Private Meeting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The petitioners, Prashant Patil and Mohan Gavit, were Assistant Junior Engineer and Sectional Engineer respectively at Panchayat Samiti, Sakri. Respondent No.2, Subhash Bhamare, was an Extension Offic...

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Bombay High Court Quashes Customs Detention Order in Smart Plug Import Dispute — No Import Licence Required Under WPC Rules. Court holds that smart plugs without Wi-Fi or Bluetooth capability do not require import licence under the Indian Telegraph Act, 1885 or WPC Rules, and directs release of goods....

The petitioner, SYSKA LED Lights Pvt. Ltd., a company engaged in import and manufacture of light products, imported smart plugs vide Bill of Entry No.8311310 dated 28.07.2020. The smart plugs were use...

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Bombay High Court Upholds Conviction of Cousin for Rape of Minor Based on Consistent Testimony and Medical Evidence. The court held that the victim's testimony, corroborated by medical evidence and the appellant's failure to cross-examine on material aspects, was sufficient to sustain conviction under Section 376 IPC....

The appellant, Gourav Narendra Singh, was convicted by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.500 of 2013 for offences punishable under Sections 376 and 506 of the ...

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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process....

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28.08.2019 pass...

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Bombay High Court Allows Condonation of Delay in Filing Form No.10B for Charitable Trusts — Mistake of Chartered Accountant Constitutes Sufficient Cause. The court directed the Commissioner of Income Tax (Exemptions) to condone the delay and process Form No.10B for the assessment year 2018-2019, setting aside the rejection orders....

The petitioners, Little Angels Education Society and Rev. C. F. Andrews Education Society, are charitable trusts running schools in Mumbai and assessed under the Income Tax Act, 1961. For the assessme...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14....

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a clarification issued by the Principal Commissioner ...

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Bombay High Court Quashes FIR in Theft Case Based on Compromise and Lack of Criminal Intent. The court held that where the complainant realizes the FIR was mistakenly registered and consents to quashing, the FIR can be quashed to secure the ends of justice....

The petitioner, Sarfaraz Tajammul Husain Ansari, an employee of Bhiwandi Nizampur City Municipal Corporation, sought quashing of FIR No. 336 of 2019 registered at Shantinagar Police Station for theft ...

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence....

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, Mumbai, rejecting his application under Order 18 Ru...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time....

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The vessel owners, Golden Star Marine FZE, gave repeat...