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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Quashes Summons Issued Under Section 160 CrPC for Production of Documents Beyond Territorial Jurisdiction. Investigating Agency Cannot Summon Person Residing Outside Police Station Limits for Document Production Under Section 160 CrPC; Proper Remedy Lies Under Section 91 CrPC.

The petitioner, Shri Anirudha S. Bhagat, a resident of Mumbai, challenged summonses issued by the Investigating Agency in Daman under Section 160 of t...

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Bombay High Court Dismisses Employee's Petition Seeking Full Backwages in Reinstatement Case. Labour Court's Order of 50% Backwages Upheld as Employer Violated Natural Justice by Dismissing Without Waiting for Reply Period.

The petitioner, Sunil Shamrao Thokal, was employed as a Store Keeper with the respondent, The Salvation Army Evangeline Booth Hospital, since 1989. On...

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Bombay High Court Allows Refund of Excise Duty Paid on Exported Goods Under Mistake of Law — Rule 13 Export Bond Not Used. Duty Paid Under Mistake of Law is Recoverable and Limitation Under Section 11B Central Excise Act Does Not Apply to Mistake of Law Claims.

The petitioners, Tata SSL Ltd. and its director, exported consignments of Cold Rolled Sheets and Coils to Nepal by road. The goods were cleared from t...

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Bombay High Court Upholds Life Sentence for Husband in Murder Case Based on Circumstantial Evidence. Conviction under Section 302 IPC for killing wife sustained as chain of circumstances including motive, last seen together, and recovery of weapon was complete.

The appellant, Kistanna s/o Nama Mugawar, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife Padmabai and sente...

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High Court Sets Aside Tribunal's Reinstatement Order - Upholds University's Compulsory Retirement of Junior Engineer for Serious Misconduct Under Maharashtra Universities Standard Code Rules

The High Court of Bombay allowed a writ petition filed by Petitioners challenging the University and College Tribunal's order that had set aside the c...