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Bombay High Court Dismisses Petition Challenging Charity Commissioner's Refusal to Stay Proceedings for Removal of Trustee. Held that the Charity Commissioner has jurisdiction to proceed with the application under Section 41-D of the Bombay Public Trusts Act, 1950 despite pending transfer application.

The petitioner, Mrs. Charu K. Mehta, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 18.11.20...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Isolated instances of verbal abuse and filing of false complaints do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife re...

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Bombay High Court Upholds Sales Tax Levy on Steam at 10% — Steam Not a Chemical Under BST Act, 1959. The court held that steam is not a chemical in common parlance and the burden of proof on the assessee was not discharged.

The applicant, M/s Gopalanand Rasayan, a manufacturer of sulphuric acid and other chemicals, generated steam as a byproduct during manufacturing and s...

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Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...

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Bombay High Court Dismisses Petition Challenging Reference Under Section 10(1) of Industrial Disputes Act at Instance of Unrecognized Union. Contract Labour Workmen Can Raise Industrial Dispute Through Any Union, Recognized or Not, Under Section 10(1) of Industrial Disputes Act, 1947.

The petitioner, Bharat Forge Limited, a company engaged in manufacturing forgings, challenged the validity of a reference made by the Additional Commi...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Dowry Death Case — Husband Set Wife on Fire After Refusal to Give Money for Liquor. The court held that the dying declaration was reliable and sufficient for conviction under Section 304 IPC.

The appellant, Prakash Shivlal Chavan, was convicted under Section 304 of the Indian Penal Code for culpable homicide not amounting to murder for sett...

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Bombay High Court Upholds Conviction of Husband for Murder by Burning Wife — Dying Declaration Found Credible. Life imprisonment under Section 302 IPC and three years under Section 498-A IPC confirmed.

The appellant, Eknath s/o Bhagwan Hatkar, was convicted by the Additional Sessions Judge, Jalgaon for the murder of his wife Anita under Section 302 I...