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Bombay High Court Dismisses Revision Application in Civil Suit for Injunction — Concurrent Findings of Fact Not Interfered With. Revisional Jurisdiction Under Section 115 CPC Cannot Be Exercised to Re-Appreciate Evidence When Findings Are Based on Appreciation of Oral and Documentary Evidence.

The present civil revision application under Section 115 of the Code of Civil Procedure, 1908 was filed by the original defendants (applicants herein)...

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Bombay High Court Allows ESI Corporation's Appeal, Holds Software Development as Manufacturing Process Under ESI Act. Computer software development is a manufacturing process under Section 2(k) Factories Act, 1948, making employees eligible for ESI coverage.

The judgment concerns two appeals filed against orders of the Employees' Insurance Court, Mumbai, which had held that computer software development co...

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Bombay High Court Quashes Complaint in NI Act Case for Lack of Vicarious Liability — Petitioner Not a Director or Signatory. Section 141 of Negotiable Instruments Act, 1881 requires specific averments of role and consent for vicarious liability of company officers.

The petitioner, Sidharth Chauhan, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal P...

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Bombay High Court Dismisses Landlord's Writ Petition in Eviction Dispute Due to Lack of Perversity in Concurrent Findings. Supervisory jurisdiction under Article 227 not to be used to reappreciate evidence; landlord failed to establish bona fide requirement under Rent Act.

The case involves a landlord-tenant dispute where the petitioners (landlord's legal heirs) sought eviction of the respondents (tenants) from a propert...

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Bombay High Court Allows Writ Petition of Tendu Leaves Contractors Association for Exemption from TCS under Section 206C(1A) of Income Tax Act, 1961. Contractors engaged in trading of forest produce are not liable to tax collection at source as they are not 'buyers' under the provision.

The petitioner, Gondia Beedi Leaves Contractors Association, representing contractors of Tendu leaves (a forest produce), filed a writ petition before...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

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Bombay High Court Grants Leave Under Clause XIV of Letters Patent to Join Infringement and Passing Off Claims in Single Suit. The court allowed joinder of passing off claim arising outside jurisdiction with infringement claim within jurisdiction to avoid multiplicity of suits.

The plaintiffs, registered proprietors of the trademark 'Cafe Madras', filed a suit for infringement and passing off against the defendants who opened...