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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Allows Writ Petition Challenging Refusal of Approval for Appointment as Shikshan Sevak Due to Ban on Recruitment — Government Resolution dated 2nd May 2012 Not Applicable to Vacancies Arising Prior to Ban.

The petitioner, Shri Vikram Vilas Mane, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Judicature at Bo...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Unreliable Dying Declaration. Dying declaration recorded by police constable without medical certification held inadmissible under Section 32 of Indian Evidence Act, 1872.

The State of Maharashtra appealed against the judgment and order of acquittal dated 21st March 2002 passed by the Ad-hoc Additional Sessions Judge, Ko...

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Bombay High Court Allows Writ Petition for Pensionary Benefits to Lecturer on Clock Hour Basis — Continuous Service of 24 Years and Government Resolution Entitlement Recognized. The court quashed the letter dated 5/06/2018 denying pension and directed reconsideration within four weeks.

The petitioner, Mohan Shamrao Shinde, was appointed as a Lecturer on Clock Hour Basis (CHB) on 20 June 1992 at Padmabhushan Vasantdada Patil Mahavidya...

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Bombay High Court Allows Amendment of Plaint and Written Statement in Recovery Suits — Liberal Approach Under Order VI Rule 17 CPC. Amendments Sought to Bring Subsequent Events on Record Do Not Change Nature of Suit.

The petitioner, M/s. Kalpvruksha Tub Well Company, through its proprietor Shantinath Janagonda Patil, filed two writ petitions challenging orders of t...

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Bombay High Court Refers Question of Secretary's Appellate Jurisdiction Under MCS Act to Larger Bench. Rule 105 of MCS Rules 1961 cannot override statutory provisions of MCS Act 1960 regarding appellate authority.

The judgment arises from four writ petitions (WP 1800/2012, 1801/2012, 1802/2012, 1803/2012) before the Bombay High Court. The petitioners include Sad...

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Bombay High Court Quashes Minister's Remand Order in Co-operative Society Dispute, Directs Fresh Hearing on Merits. Appellate Authority Under Section 152 of Maharashtra Co-operative Societies Act, 1960 Must Decide Appeal on Merits, Cannot Simply Remand.

The petitioners, members of respondent no.2, a specified co-operative society engaged in sugar manufacturing, challenged an order dated 18th January 2...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration in Domestic Violence Case. Husband Set Wife on Fire After She Refused Money for Alcohol, Dying Declaration Found Reliable Despite Not Being in Question-Answer Form.

The appellant, Suresh Sadu Kamble, was convicted by the 3rd Additional Sessions Judge, Kolhapur, for the murder of his wife, Shakuntala, under Section...