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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Bombay High Court Quashes Notice Under Section 111 CrPC for Non-Application of Mind and Vague Allegations — Use of Printed Proforma Without Recording Reasons Renders Notice Invalid

The petitioner, Ruben Franco, challenged a notice dated 6/01/2017 issued under Section 111 of the Code of Criminal Procedure, 1973 by the Deputy Colle...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

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Bombay High Court Dismisses Petition Alleging Illegal Detention by Police Officer — No Credible Evidence of Custodial Abuse Found. Petitioner Failed to Prove Detention Despite Claiming Two-Day Custody Without Reason.

The petitioner, Fayyaz s/o Shamshoddin Attar, filed a criminal writ petition seeking directions to take action against respondent No. 5, Assistant Pol...

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Bombay High Court Quashes Chapter Proceedings Under Section 107 CrPC Based on Single FIR Without Independent Material. Mere Registration of Criminal Case Insufficient to Justify Preventive Action Under Section 107 CrPC.

The petitioners, Sandeep Shivaji Mhatre, Tushar Bhimsen Saigaokar, and Nilesh @ Sonu Mahanand Jadhav, filed three separate criminal writ petitions cha...

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Bombay High Court Allows Doctors' Challenge to Bond Posting Policy - State Directed to Post Doctors in Positions Commensurate with Their Qualifications. The court held that enforcing a bond to serve in non-commensurate postings violates Article 19(1)(g) and Article 14 of the Constitution of India.

The petitioners, a group of doctors with super specialty (DM/M.Ch), broad specialty (MD/MS), and PG diploma qualifications, challenged the State Gover...

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High Court of Bombay at Nagpur Allows Dentists' Petitions Against Bond Penalty — Bond Agreement Found Void for Lack of Consideration and Unilateral Modification. Government Cannot Recover Bond Amount When Service Conditions Are Changed Unilaterally and No Actual Loss Is Proved.

The judgment concerns three writ petitions filed by dentists who completed post-graduate dental courses from Government Dental College, Nagpur, under ...