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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Premium Claim Under REP Circulars — Policy Change Prospective, No Vested Right to Premium on Licenses Issued Prior to Amendment.

The petitioners, Kagaz Packaging (a partnership firm) and its partner Ms. Rajul Manoj Shah, filed a writ petition in the Bombay High Court challenging...

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Bombay High Court Upholds Validity of Rule 106-B of Drugs and Cosmetics Rules, 1945 Restricting Alcohol Content in Homoeopathic Medicines. The Court held that the rule is intra vires the Drugs and Cosmetics Act, 1940 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The Petitioner, Shrikrishna Homeo Pharmacy, a partnership firm registered under the Indian Partnership Act, 1932, carries on the business of manufactu...

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Bombay High Court Dismisses Petitions Challenging RBI Circular Excluding Primary Cooperative Credit Societies from Deposit Insurance Coverage. Circular dated 22.02.2008 Held Valid as It Merely Clarifies Existing Definition Under Section 2(g) of DICGC Act, 1961.

The judgment concerns two writ petitions filed by cooperative credit societies challenging a circular dated 22.02.2008 issued by the Reserve Bank of I...