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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case Due to Lack of Specific Allegations and Absence of Abetment. The court held that general allegations of ill-treatment without particulars are insufficient to sustain conviction under Sections 498A and 306 IPC.

The State of Maharashtra appealed against the acquittal of five accused persons (respondents) by the 6th Ad-hoc Sessions Judge, Pune, for offences und...

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Bombay High Court Upholds Reopening of Assessment Under Section 147(a) for Income Tax on Minimum Guarantee Receipts from Film Sale. Assessee's Failure to Disclose Full Consideration for Sale of Movie 'Charas' Justifies Reassessment Despite Partial Acceptance of Addition.

The case involves an income tax reference at the instance of the assessee, who sold a movie titled 'Charas' to M/s. Prakash Pictures on a minimum guar...

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Bombay High Court Dismisses Customs Appeal Against CESTAT Order Setting Aside Penalty and Confiscation. Import of Vessels for Offshore Exploration Not Liable to Penalty Under Customs Act for Alleged Misdeclaration of Value.

The Commissioner of Customs (Imports), Mumbai, filed an appeal under Section 130(1) of the Customs Act, 1962 against a common order dated 14th August ...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Demand Soon Before Death. Conviction under Section 304B IPC Set Aside as Prosecution Failed to Establish Proximate Link Between Demand and Death.

The case involves an appeal against conviction under Sections 304B, 306, and 498A IPC read with Section 34 IPC. The appellants, Vikramsingh Vilas Khad...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Probate — Consent to Probate Bars Subsequent Challenge to Will's Genuineness. Failure to Administer Estate Does Not Warrant Revocation of Probate; Remedy Lies in Removal of Executor.

The appeal arose from an order of a learned Single Judge of the Bombay High Court dismissing a Miscellaneous Petition for revocation of probate grante...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand for Dowry and Inconsistencies in Prosecution Case. Conviction under Sections 304-B, 498-A IPC and Sections 3, 4, 6 of Dowry Prohibition Act, 1961 set aside as prosecution failed to prove dowry demand soon before death.

The case pertains to the death of Shaheen, who was married to Abdul Aziz (accused No. 2) on 12th April 1996. After marriage, she resided with her husb...

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Bombay High Court Acquits Accused No.2 in Abetment of Suicide Case Due to Lack of Evidence of Cruelty or Instigation. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove that the accused mother-in-law subjected the deceased to cruelty or instigated suicide.

The case involves an appeal against the conviction of appellant No.2 (Sau. Sitabai Rama Satvi) under Sections 498A and 306 IPC read with Section 34 IP...