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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

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Bombay High Court Dismisses Application for Cancellation of Bail in POCSO Case — No Supervening Circumstances or Misconduct Established. Court held that cancellation of bail requires proof of misuse of liberty or supervening circumstances, not mere disagreement with the bail order.

The applicant, a minor victim through her natural guardian, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking...

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Bombay High Court Allows Writ Petition Seeking Ab Initio Service Tax Exemption for SEZ Unit. Procedural Condition of Authorization Does Not Delay Exemption from Date of Application Under Notification No.12 of 2013.

The petitioner, Sai Wardha Power Company Limited, a power generating unit in the Special Economic Zone (SEZ) at Warora, filed a writ petition seeking ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Negligence Apportionment. Claimants failed to establish deceased's income and contributory negligence was not considered by Tribunal.

The case arises from a motor accident on 01.07.2009 when Ulhas Kubal, riding a Bajaj Pulsar motorcycle, collided with a rickshaw driven by Ayub Khan a...

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Bombay High Court Dismisses PIL Challenging Amendment to DCR 33(7) Appendix III for Lack of Locus Standi and Bonafides. Petitioner failed to establish any public interest or personal injury, leading to dismissal with costs.

The petitioner, Mr. Imran Suleman Qureshi, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging an amendment dated 21/05/2011...