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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Acquits Police Head Constable in Corruption Case Due to Unreliable Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Haridas Jamunah, a Police Head Constable, was convicted by the Special Court, Washim for demanding and accepting a bribe of Rs.1000 for...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Recovery Suit — Plaint Discloses Cause of Action Under Order 7 Rule 11 CPC. The court held that the plaint contained specific averments regarding the contract, bills, and outstanding amount, thus disclosing a cause of action.

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

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Bombay High Court Acquits Tax Recovery Clerk in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Ravindra Mahadeo Kothamkar, a Tax Recovery Clerk with the Thane Municipal Corporation, was convicted by the Special Judge under Section...

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Bombay High Court Directs MCGM to Consider Repair Application Despite Alleged Violations by Other Occupants. Corporation Cannot Reject Application for Tenantable Repairs Based on Unauthorized Constructions by Other Flat Owners.

The petitioners, Oscar Builders Private Limited and its Chairman, filed a writ petition challenging an order dated 19.03.2014 by which the Municipal C...

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Bombay High Court Dismisses Nagpur Improvement Trust's Appeal Against Declaration of Demolition Notices as Illegal. Repairs Carried Out with Municipal Corporation Sanction Cannot Be Treated as Unauthorised Construction Under Maharashtra Regional and Town Planning Act, 1966.

The case involves a second appeal filed by the Nagpur Improvement Trust (NIT) against the judgment and order dated 16.1.2006 passed by the 3rd Additio...

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Bombay High Court Awards Compensation for Death of Minor in Open Pit Due to Negligence of Municipal Corporation and Contractor. Parents of Deceased Child Granted Rs. 1,50,000 Under Article 226 for Failure to Provide Barricades or Warning Signs at Construction Site.

The petitioners, Prakash Warluji Dhengre and Sushila Prakash Dhengre, parents of Mahendra Dhengre, filed a writ petition under Article 226 of the Cons...