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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Allows Writ Petition Against Authority for Advance Ruling's Refusal to Give Ruling on Tax Liability of Capital Gains from Sale of Shares by Mauritius-Based Company. Authority's Order Set Aside as Without Jurisdiction Since Proviso to Section 245R(2) of Income Tax Act, 1961 Not Attracted.

The petitioner, Mahindra BT Investment Co. (Mauritius) Ltd., a company incorporated in Mauritius and a tax resident there, filed an application for ad...

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Bombay High Court Upholds Industrial Court Order in Unfair Labour Practice Case — Employer Directed to Reinstate Employee with Back Wages. Abandonment of Service Claim Rejected as Employee Reported for Duty After Maternity Leave.

The present petition was filed by Finlay Mills challenging an order dated 4.12.2002 passed by the Industrial Court, Bombay in Complaint (ULP) No.169 o...

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Bombay High Court Holds Husband Guilty of Contempt for Wilful Disobedience of Maintenance Order. Non-compliance with Family Court's maintenance order for over two years despite notice of contempt petition amounts to wilful disobedience under the Contempt of Courts Act, 1971.

The contempt petition was filed by the wife, Amita B Devnani, against her husband Bhagwan H Devnani and others, alleging wilful disobedience of an ord...

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High Court of Bombay at Nagpur Enhances Compensation in Motor Accident Claim — Deceased Head Constable's Dependents Awarded Enhanced Amount with Interest. Negligence of Trax Cruiser Driver Established; Tribunal's Finding of Contributory Negligence Set Aside Under Section 166 of Motor Vehicles Act, 1988.

The appellants, being the widow, children, and mother of deceased Ganesh Khanjode, filed a claim petition under Section 166 of the Motor Vehicles Act,...

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Bombay High Court Dismisses Appeals by Owner and Insurance Company in Motor Accident Claim — Negligence of Driver Established. Compensation of Rs. 9,50,180/- Upheld Under Section 166 of Motor Vehicle Act, 1988 as Insurance Company Failed to Prove Breach of Policy Conditions.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicle Act, 1988 by the legal representatives of the deceas...