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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...

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Bombay High Court Allows Licensee's Challenge to Arrears Demand and License Lapse in Bombay Prohibition Act Case. Demand for License Fee Arrears for Period Prior to License Grant Held Unenforceable and License Cannot Lapse Without Notice.

The petitioner, Suresh Krishnaji Lakudkar, held a CLIII license under the Bombay Prohibition Act, 1949, for the sale of foreign liquor. In Writ Petiti...

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Bombay High Court Allows Refund of CVD Paid on Imported Mobile Phones Under Exemption Notification. The court held that the exemption notification No.12/2012-Customs applies to imports and directed reconsideration of refund claims subject to verification of unjust enrichment.

The petitioner, Micromax Informatics Limited, a company registered under the Companies Act, imported mobile handsets during July 2014 to June 2015 and...

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Madras High Court Dismisses Appeal Against Income Tax Assessment Order for Rolls Royce Phantom Car Seizure. Appellant's claim of ownership rejected as car was seized from third party and appellant failed to prove lawful possession.

The appellant, Dr. Arvind Kumar R Shaw, purchased a Rolls Royce Phantom car for Rs.1,45,00,000 for personal use. One Karthikeyan, a director of Sree A...

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Supreme Court Allows Union of India's Appeal, Upholds Dismissal of Postal Assistant in NSC Commission Fraud Case. Non-Supply of Documents and Delay Do Not Vitiate Disciplinary Proceedings Without Demonstrated Prejudice.

The respondent, Udai Bhan Singh, was appointed as a Postal Assistant in 1978. A charge-sheet was issued on 31 August 1988 alleging that between 15 Jul...

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Bombay High Court Dismisses Contempt Petition Against Member Secretary of Scheduled Tribe Certificate Scrutiny Committee for Alleged Willful Disobedience of Court Order. Court finds that the order was complied with within the extended time granted by the court and there was no willful disobedience.

The present Contempt Petition was filed by Raju Bansilal Rasede, a government servant, praying for taking cognizance and declaring that the contemnor ...