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Bombay High Court Dismisses Petition Challenging Arbitral Award in Service Tax Reimbursement Dispute. Contractual interpretation of service tax liability under security services contract upheld by arbitrator.

The petitioner, Bombay Intelligence Security (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Dismisses Petition Challenging Transmission Line Over Private Land, Upholds Validity of Section 164 of Electricity Act, 2003. The Court Held That the Provisions for Laying Electricity Lines Without Prior Consent Are Constitutional as They Provide for Hearing and Compensation.

The petitioners, Jarnail Singh and Surinder Singh, are owners of land in Nagpur over which respondent No.1, Maharashtra State Electricity Transmission...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

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Bombay High Court Upholds Tribunal's Decision That Ice Cream Is Not 'Sweet and Sweetmeats' Under Bombay Sales Tax Act, 1959. Ice cream is a distinct commodity not covered by Notification Entry 374 for reduced tax rate under Schedule Entry C-II-35(1).

The case concerns M/s. Vadilal Dairy International Ltd., a registered dealer and manufacturer of ice cream under the Bombay Sales Tax Act, 1959. The G...

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Bombay High Court Allows Writ Petition for Appointment of Arogya Sevak from OBC and Project Affected Category. The court directed the respondents to consider the petitioner's claim for appointment from OBC and Project Affected Category in accordance with law.

The petitioner, Manisha Namdevrao Chole, filed a writ petition seeking a mandamus directing the respondents to consider her claim for appointment to t...

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Bombay High Court Quashes FIR in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that mandatory sanction for prosecution of public servants was not obtained, rendering the entire proceedings unsustainable.

The applicants, Ravindra Babulal Jain and Ashish Tejmal Mugdiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 197...

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Bombay High Court Quashes FIR Against Private Individuals in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. FIR Quashed as No Sanction Obtained for Prosecution of Public Servants, Making Proceedings Against Applicants for Conspiracy Not Maintainable.

The applicants, Ravindra Babulal Jain and Ashish Tejmal Mugdiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 197...

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Bombay High Court Confirms Death Sentence for Accused in Rape and Murder of Two-Year-Old Child. The court upheld the conviction under Section 302 IPC, Section 376A IPC, and Section 6 of POCSO Act, finding the crime to be in the 'rarest of rare' category.

The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident ...

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Bombay High Court Dismisses Revision Petition by Masjid Committee Challenging Wakf Tribunal Order. Property Already Registered as Trust Under Bombay Public Trust Act, 1950 is Deemed Wakf Under Section 43 of Wakf Act, 1995.

The present civil revision application was filed by the managing committee of Khatik Masjid Shaniwar Peth, Satara (the petitioners) challenging the ju...

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Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...