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Bombay High Court Quashes Withdrawal of Customs Duty Exemption Certificate for Medical Equipment Imported by Cardiologist. Failure to Treat 40% Outdoor and 10% Indoor Poor Patients Free Not Established; Exemption Restored.

The petitioners, Dr. Shashank Bhalchandra Subhedar, a practicing cardiologist, and M/s National Heart Center & Hypertension Clinic, challenged the ord...

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Bombay High Court Allows Writ Petition Challenging Rejection of PhD Candidature Due to Non-Processing of Application. University's Failure to Consider Application Despite Payment of Fees and Calling for Interview Violates Article 14 and Principles of Natural Justice.

The petitioner, Rahul s/o Upasrao Rohankar, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging a communication dated 19...

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Bombay High Court Dismisses Review Applications in Ceiling Act Case — Purchasers from Surplus Land Owner Not Entitled to Review as No Error Apparent on Record. The court held that purchasers cannot claim better rights than their vendor and that review is not an appeal in disguise.

The judgment concerns two review applications (Miscellaneous Civil Application No.81/1999 and No.86/1999) filed by purchasers of agricultural land fro...

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Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002.

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarw...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Conviction under Section 304B IPC set aside as prosecution failed to establish that deceased was subjected to cruelty or harassment for dowry shortly before suicide.

The appellant, Manohar s/o Bhaurao Khanve, was convicted under Section 304B of the Indian Penal Code (IPC) for the dowry death of his wife, Anita, who...

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Bombay High Court Allows Writ Petition Challenging Rejection of ARE-1 Forms as Proof of Export Under Advance Authorisation Scheme. Court Holds That ARE-1 Forms Are Valid Proof of Export Under Paragraph 4.25 of Handbook of Procedures 2009-14 and Quashes Show Cause Notice.

The petitioner, Larsen & Toubro Limited, a company incorporated under the Indian Companies Act, 1913, challenged a Letter dated 1-12-2016 and a Show C...

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Bombay High Court Dismisses Second Appeal in Service Termination Dispute — Concurrent Findings of Lower Courts Upheld. Employee Failed to Prove Illegal Termination; Entitled Only to Limited Monetary Claims.

The appellant, Nishikant Narayan Kale, was appointed as Planning Manager of Bajaj Tempo Limited (now Force Motors Limited) on 18 May 1980 on probation...

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Bombay High Court Dismisses Appeal by Municipal Corporation Against Rejection of Petition to Set Aside Arbitral Award. Arbitrator's Findings on Contractual Interpretation and Delay Held Final Under Section 30 of Arbitration Act, 1940.

The appellant, Municipal Corporation of Greater Bombay, had invited tenders for re-construction of Zakariya Bunder road in May 1989. Respondent no.1 s...