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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

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High Court of Bombay at Goa Allows State's Writ Petition Against Rejection of Written Statement — Delay Condoned Due to Administrative Bottlenecks. Order VIII Rule 1 CPC Held Directory; Trial Court Directed to Consider Condonation Application on Merits.

The State of Goa and its officers (petitioners) filed a writ petition challenging an order dated 4 June 2011 passed by the learned Principal District ...

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Bombay High Court Dismisses Convict's Petition for Premature Release in Murder Case — Co-accused's Release Not a Valid Ground for Parity. Petitioner's Sentence Period Including Remission Was Less Than 22 Years Required Under Clause 4(b) of Guidelines Dated 15th March, 2010.

The petitioner, Chintaman Sitaram Kedari, a life convict convicted under Sections 452, 302 read with 149 of the Indian Penal Code, filed a Criminal Wr...

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Bombay High Court Dismisses Petitions Challenging Demolition of Illegal Construction in Residential Zone. Unauthorized construction in residential zone without valid development permission is liable for demolition under MRTP Act and BMC Act.

The case involves two writ petitions filed by Sharvan Developers Private Limited and others, and by Jayesh Mehta and others, challenging a demolition ...

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Bombay High Court Allows Amendment of Written Statement in Commercial Suit, Rejecting Limitation Bar Under Article 137. Article 137 of Limitation Act, 1963 Held Inapplicable to Applications for Amendment of Pleadings, Allowing Defendants to Elaborate Existing Defences.

The case involves a Chamber Summons taken out by defendant nos. 1, 2, 4, and 5 in Suit No. 2256 of 1998 pending before the Bombay High Court. The defe...

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Bombay High Court Allows Petition Challenging Trial Court Order on Valuation and Court Fees in Suit for Share in CIDCO Plots. The court set aside the order directing revaluation and payment of additional court fees as it was passed without any evidence or inquiry.

The petitioners, original defendants in Regular Civil Suit No.61 of 2006, challenged an order dated 5/10/2010 passed by the learned Joint Civil Judge,...

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Bombay High Court Dismisses Petition Challenging Retrospective Recovery of Supervision Charges in Distillery License — Levy Upheld as Contractual Obligation Under Section 58A of Bombay Prohibition Act, 1949.

The petitioners, Sahakar Maharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. and another, filed a writ petition challenging a demand notice dated ...