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Bombay High Court Allows Writ Petition Against Octroi Levy on Concentrate Used in Carbonated Beverages. Court Holds That Concentrate Is Not 'Sweetened Aerated Water' Under Entry 60 of Schedule H of the Bombay Provincial Municipal Corporation Act, 1949.

The petitioner, Pepsico India Holdings Private Limited, is a company engaged in the manufacture and sale of carbonated beverages. It imports a concent...

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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

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Bombay High Court Dismisses Petition Challenging Water Charges for Industry in Non-Conforming Zone. Water Charges at Higher Rate of Rs.44 per 1000 litres Upheld as Per Water Charges Rules (Revised) w.e.f. 1-4-1996.

The petitioners, Dhunjibhoy Ice Factory Pvt. Ltd. and its Managing Director, filed a writ petition under Article 226 of the Constitution of India chal...

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Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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Bombay High Court Dismisses Challenge to 50% Women Reservation in BMC Elections — Amendment to Section 5A of BMC Act Upheld as Valid Policy Decision. Reservation for Women in Local Bodies Permissible Under Article 243T and Not Violative of Basic Structure.

The petitioner, Kapoorchand Durgaprasad Gupta, filed a writ petition under Article 226 of the Constitution of India challenging the amendment to Secti...

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Bombay High Court Allows Writ Petition for Inclusion of Names in Voters' List for Cooperative Society Elections. Deemed Membership Under Section 22(2) of Maharashtra Cooperative Societies Act, 1960 Applies When Application for Membership Not Rejected Within Four Months.

The petitioners, two cooperative societies, applied for membership in respondent no. 4 society on 14/06/2002 and paid the share deposit amount and ent...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...