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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Dismisses PIL Challenging Award of Quality Audit Contract Without Tenders. Quality Audit of Roads Held Not Covered Under Section 72 of Mumbai Municipal Corporation Act, 1888, as It Is a Professional Service, Not Execution of Work or Supply of Goods.

The petitioner, Niyaz Ahmed Vanu, filed a Public Interest Litigation challenging the award of a contract by the Municipal Corporation of Greater Mumba...

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Bombay High Court Allows Municipal Corporation's Revision Against Refund of Octroi on Replacement Engine. Replacement of defective part under warranty not a fresh import liable to octroi under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioner, Commissioner of Sangli Miraj Kupwad Cities Municipal Corporation, challenged the judgment and order dated 12th February 2004 passed by...

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Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

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Bombay High Court Dismisses Workman's Appeal in Industrial Dispute — Upholds Termination for Unauthorized Absence. Workman Failed to Prove 240 Days Continuous Service Under Section 25B of Industrial Disputes Act, 1947.

The appellant, a workman employed by the respondent company, challenged his termination before the Industrial Court. The Labour Court had dismissed hi...

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Bombay High Court Allows Writ Petitions Against Levy of Excise Duty on Fabrication and Construction of Structurals - Activities Do Not Amount to Manufacture Under Section 2(f) of Central Excise Act, 1944. Fabrication at site results in immovable property, not excisable goods.

The judgment concerns two writ petitions under Article 226 of the Constitution of India filed by M/s Shapoorji Pallonji & Co. and Ceat Tyres of India ...

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Bombay High Court Upholds Octroi Levy on Imported Aircraft Parts in Customs Bonded Warehouse — Entry into Municipal Limits Occurs Upon Removal from Warehouse. Interpretation of 'Goods' and 'Entry' Under Section 192 of Mumbai Municipal Corporation Act, 1888 Confirms Levy is Valid and Not Ultra Vires.

The judgment concerns two writ petitions filed by Jet Airways (India) Ltd. and Reliance Commercial Dealers Ltd. challenging the levy of octroi by the ...