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Bombay High Court Allows Refund of Octroi on Computer Software in Classification Dispute. Software Held to Be Separate Goods from Hardware Under Bombay Municipal Corporation Act, 1988 and Octroi Rules.

The petitioner, Tata Information Systems Ltd. (now IBM Global Services India Private Limited), was engaged in the manufacture, import, sale, and marke...

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High Court of Bombay at Aurangabad Dismisses Revenue's Challenge to Tribunal Order Quashing Penalty on Directors in Central Excise Case — No Vicarious Liability Without Evidence of Personal Involvement Under Central Excise Act, 1944.

The Commissioner of Central Excise and Customs, Aurangabad, filed a Writ Petition challenging the order of the Customs, Excise and Gold (Control) Appe...

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High Court of Bombay Considers Confirmation of Death Sentence in Gangrape Case: First Conviction Under Section 376E IPC After 2013 Amendment. Trial Court Imposed Capital Punishment for Repeat Offenders in the Shakti Mill Incident, and the High Court Reviewed Procedural Propriety of the Sentence.

The judgment under analysis is a confirmation case arising from the brutal gangrape of a young photo journalist at Shakti Mill premises in Mumbai on 2...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Dismisses Tenant Company's Revision Against Jurisdiction Under PSCC Act. Company Failed to Prove Paid-Up Share Capital Below Rs.1 Crore to Avail Protection Under Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for possession filed by the original plaintiffs (respondents 1 to 12) against M/s. New Era Fabrics Ltd., the original de...

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Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Bombay High Court Allows Revenue's Appeal on Employees' Contribution Deduction in Income Tax Case. Employees' contribution to PF/ESI/pension fund is deductible under Section 36(1)(va) only if paid before due date, not under Section 43B.

The case involves two appeals filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the common order of the ...