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Bombay High Court Allows Writ Petition of Oil Corporation in Octroi Abolition Case. Octroi Demands and Seizure of Depots Quashed as Municipal Council Lacked Authority After 1999 Amendment to Maharashtra Municipal Councils Act, 1965.

The petitioner, M/s. Bharat Petroleum Corporation Ltd. (BPCL), filed a writ petition under Article 226 of the Constitution of India before the Bombay ...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Supreme Court Allows Appeals in Special Court Act Case — Garnishee Orders Set Aside for Lack of Proof of Liability. Loans taken from benami companies before notification under Special Court Act cannot be recovered from borrowers without evidence of outstanding debt.

The appeals arose from orders of the Special Court, Bombay, under the Special Court (Trial of Offences relating to transactions in Securities) Act, 19...

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Bombay High Court Dismisses MSEDCL's Petition Challenging Ombudsman's Order to Restore Consumer's Electricity Supply. The Court upheld the Ombudsman's jurisdiction to entertain billing disputes and direct reconnection without precondition of payment of disputed dues.

The judgment involves two writ petitions arising from the same order of the Electricity Ombudsman dated 17.10.2018. The first petition was filed by th...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

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Bombay High Court Upholds Maharashtra Fire Prevention Act, 2006 as Constitutionally Valid. Levy of fire prevention fee under Section 12 is a fee, not a tax, and the Act is within legislative competence.

The petitioners, Vidarbha Taxpayers Association and a citizen, filed a Public Interest Litigation challenging the constitutional validity of the Mahar...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...