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Bombay High Court Allows Set-off of Pre-conviction Detention Under Section 428 Cr.P.C. in Rape Conviction Case. Court Directs Jail Authorities to Recalculate Sentence by Setting Off Period of Incarceration Prior to Conviction Against Substantive Sentence of Imprisonment.

The petitioner, Tenzin @ Elin Dorje, was convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 23/2016 for offences under Sections ...

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Bombay High Court Dismisses Petition Challenging MRT Order Rejecting Condonation of Delay in Tenancy Appeal. Delay of 30 Years in Filing Appeal Not Condoned as No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The petitioners, legal heirs of deceased original tenants, challenged the judgment and order dated 12/11/2021 passed by the Maharashtra Revenue Tribun...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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Bombay High Court Upholds Interim Injunction in Shareholder Dispute Over Share Transfer Agreement — Agreement dated 14th June 2019 Held Valid and Enforceable.

The dispute arises out of a Share Purchase Agreement dated 14th June 2019 between the Kamdar Group (appellants) and the Sanghvi Group (respondents) fo...

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Bombay High Court Allows Customs Appeal Against CESTAT Order for Provisional Release of Seized iPhones. Ownership Dispute Precludes Release Under Section 110A of Customs Act, 1962.

The Commissioner of Customs (Import), Mumbai, appealed against an order dated 23 June 2022 passed by the Customs, Excise and Service Tax Appellate Tri...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Electricity Duty on Captive Consumption — Industrial Consumers Not Entitled to Exemption Under Section 3(1)(b) of Goa Electricity Duty Act, 1985 as Self-Generated Electricity Not Supplied by Licensee or Generating Company.

The petitioners, a group of industrial companies and their directors, filed a writ petition under Article 226 of the Constitution of India before the ...

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Bombay High Court Quashes Tender Conditions Requiring Work Experience and Solvency Certificate as Arbitrary and Unreasonable. Conditions held contrary to CPWD Works Manual, 2003 and violative of Article 14 of the Constitution.

The petitioner, James Electricals, a sole proprietorship concern of Mr. James Andrade, is a Class I electrical contractor enlisted with the respondent...

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Bombay High Court Dismisses Appeal for Specific Performance of Oral Agreement for Sale of Shop. Oral Agreement for Sale of Immovable Property Not Enforceable Under Section 54 of Transfer of Property Act, 1882 and Section 17 of Registration Act, 1908.

The appellant, original plaintiff, filed an appeal against the judgment of a learned Single Judge of the Bombay High Court in Suit No.590 of 1980, whe...