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Bombay High Court Allows Plaintiffs to Lead Rebuttal Evidence in Specific Performance Suit Under Order 18 Rule 3 CPC. Plaintiffs granted permission to rebut evidence on supplementary agreement disclosed during trial.

The plaintiffs, Usha D. Shah and another, filed two suits for specific performance of agreements for sale of flats, based on letters of allotment date...

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Bombay High Court Allows Writ Petition Challenging Rejection of Voluntary Retirement - Deemed Acceptance Under VRS Rules Upheld. Employer's subsequent orders treating absence as dies non and withholding increments set aside as afterthoughts.

The petitioner, Pravin Bhaskarrao Ragit, an employee of Maharashtra Jeevan Pradhikaran, applied for voluntary retirement on 04.01.2016 under the Volun...

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Bombay High Court Allows Withdrawal of Petition Challenging Demolition of Shops by Nagpur Municipal Corporation Without Notice. Petitioners granted liberty to file representation for regularization before Municipal Commissioner.

The petitioners, ten individuals engaged in business in Nagpur, filed a writ petition before the Bombay High Court at Nagpur Bench challenging the dem...

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Bombay High Court Allows ESIC Appeal in ESI Coverage Dispute - Section 2A and Regulation 10B Held Mandatory. Employer's Failure to Obtain Code Number Does Not Excuse Contribution Liability Under Employees State Insurance Act, 1948.

The appeal was filed by the Employees State Insurance Corporation (ESIC) under Section 82 of the Employees State Insurance Act, 1948 against the order...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Proximate Link Between Alleged Outrage of Modesty and Suicide. The court held that the dying declaration did not support the prosecution case and there was no evidence of instigation under Section 306 IPC.

The appellant, Sanjay Dahake, was convicted by the 2nd Adhoc Additional Sessions Judge, Chandrapur, for offences under Sections 306, 354 and 448 of th...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Sheikh Mehboob Sheikh Hussain, was convicted by the learned Special Judge (NDPS Court), Nagpur, in Special Criminal Case No.47/2001 und...

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

The appellant, Subhash s/o Narayanraoji Rathod, was convicted by the Additional Sessions Judge, Wardha, in Special Case No. 4/1997 for offences under ...

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Bombay High Court Upholds Remand Order in Partition Suit — Appellate Court Justified in Remanding Suit for Fresh Trial When Defendant Was Denied Opportunity to Lead Evidence. Order 41 Rule 23A CPC Allows Remand Where Trial Court Disposed of Suit Without Affording Proper Hearing.

The appellants (original plaintiffs) filed Special Civil Suit No. 135 of 1996 seeking partition and separate possession of suit property, and a declar...

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Bombay High Court Dismisses Petition Challenging Excise Duty on Medicinal Preparation Containing Dextropropoxyphene. Product 'Lobain' Held Taxable Under M&TP Act Regardless of Dosage.

The petitioner, DWD Pharmaceuticals Ltd., challenged an order by Respondent No.5 which upheld earlier orders by Respondent No.4 and Respondent No.3, h...

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Bombay High Court Allows Petition Challenging Termination of Lease by MIDC for Non-Use Due to Fire Accident. Lease of 99 Years Cannot Be Terminated Without Affording Opportunity of Hearing and Considering Force Majeure Event.

The petitioners, Vidyut Metallics Ltd. and another, challenged an order dated 28.07.2015 passed by the Maharashtra Industrial Development Corporation ...