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WRIT PETITION NO. 2393 OF 2017

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Bombay High Court Allows Petition in Customs Case — Redemption Fine and Penalty Reduced for Import of Used Personal Effects. Gold chain with diamond pendant held to be 'personal effects' under Baggage Rules, 1998, entitling duty-free import.

The petitioner, a US citizen of Indian origin, arrived in Mumbai on 6th May 2007 from New York. He was wearing a gold chain with a pendant embedded wi...

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High Court of Bombay at Goa Examines Natural Justice Violation in Goa Co-operative Societies Act, 2001 Proceedings. Tribunal Made Adverse Findings Against Non-Party Directors While Remanding Misfeasance Proceedings.

The matter concerned a writ petition filed by nine women, who were elected members of the Board of Directors of a Cooperative Bank, challenging an ord...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

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Bombay High Court Upholds Bond Obligation for Super-Speciality Doctors in Public Medical Colleges — Service Condition and Penalty Valid Under Article 226. Doctors Who Completed D.M./M.Ch. Courses Must Serve Two Years or Pay Rs.25 Lakhs Penalty as Per Government Resolution Dated 8 February 2008.

The petitioners, comprising 62 doctors in the first petition and 69 in the second, were doctors who had either completed or were pursuing super-specia...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...