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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Allows Junior Clerk's Petition to Condoned Break in Service and Protect Pay. Service Interruption Due to Non-Joining After Transfer Condoned as Technical Break, Not Voluntary Abandonment.

The petitioner, Sanchareshwar Madhavrao Kadam, a Junior Clerk on the establishment of Civil Judge, Junior Division, Gangakhed, Dist. Parbhani, filed a...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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Bombay High Court Allows Refund of Court Fees in Suit Settled by Consent Terms. The phrase 'claim for repayment' in Section 43(1) proviso of Maharashtra Court Fees Act, 1959 refers to the application to the court for refund order, not the subsequent certificate application.

The suit was filed in 2014 by Bai Mamubai Bhimji Bhanji Trust and others against Neelkanth Mansions & Infrastructure Pvt Ltd. On 28 October 2014, the ...

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Bombay High Court Allows Revenue's Appeal in Income Tax Case Regarding Redemption Fine as Business Expenditure. Redemption fine of Rs. 75,00,000 paid for unauthorized import of almonds held allowable as business expenditure under Section 37 of the Income Tax Act, 1961.

The appeal was filed by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the asses...

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Bombay High Court Allows Student's Petition for Revaluation of Answer Book in Engineering Examination. University directed to get answer book revalued by an independent expert as per Ordinance 134-A.

The petitioner, Sagar Shantaram Patil, a student of R.C. Patel Institute of Technology, Shirpur, affiliated to North Maharashtra University, Jalgaon, ...

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Bombay High Court Allows Appeal by Revenue in Central Excise Case — Notification No.42/98 CE (NT) Held Valid. Tribunal Erred in Holding Notification Ultra Vires for Lack of Previous Publication Under Section 3A of Central Excise Act, 1944.

The appeal was filed by the Commissioner of Central Excise, Mumbai against the order of the Customs, Excise & Service Tax Appellate Tribunal (West Zon...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Railway Project. Publication in Official Gazette and Local Newspapers Held Sufficient Compliance Under Section 4(1) of Land Acquisition Act, 1894.

The petitioners, 70 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of their lands for t...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...