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High Court of Bombay at Goa Dismisses State's Petition Challenging Refusal to Extend Time for Filing Written Statement in Medical Negligence Suit. Delay of Over 5 Years in Filing Written Statement Not Condonable Under Order XXVII Rule 7 CPC as No Sufficient Cause Shown.

The State of Goa and the Public Health Department filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08/...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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Bombay High Court Quashes Show Cause Notice in Customs Case Due to Inordinate Delay — Notice Issued After 12 Years Held Unreasonable and Violative of Principles of Natural Justice.

The petitioners, M/s. Orient Ship Agency Pvt. Ltd. and another, filed a writ petition challenging a show cause notice dated 22 September 2000 issued b...

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Bombay High Court Dismisses Appeal Against Order Holding Civil Court Lacks Jurisdiction Over Octroi Dispute Due to Statutory Remedy Under Section 406 of BPMC Act. Preliminary Issue of Jurisdiction Decided Against Plaintiff for Not Exhausting Efficacious Remedy of Appeal.

The appellant, Greave Cotton Limited, filed a suit (Special Civil Suit No.459 of 2010) before the 7th Civil Judge, Senior Division, Pune, challenging ...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Allows Refund of Excise Duty Paid on Exported Goods Under Mistake of Law — Rule 13 Export Bond Not Used. Duty Paid Under Mistake of Law is Recoverable and Limitation Under Section 11B Central Excise Act Does Not Apply to Mistake of Law Claims.

The petitioners, Tata SSL Ltd. and its director, exported consignments of Cold Rolled Sheets and Coils to Nepal by road. The goods were cleared from t...

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Bombay High Court Allows Writ Petitions Challenging Execution of Decrees Against Cooperative Society Members Under Section 101 of Maharashtra Cooperative Societies Act, 1960 — Recovery Proceedings Quashed for Non-Compliance with Pre-Deposit Requirement

The judgment involves four writ petitions filed by petitioners challenging execution proceedings initiated by respondent cooperative societies under S...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...