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Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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High Court of Bombay Dismisses Revenue's Appeal in Bogus Purchase Case — GP Rate Restricted to 15% on Alleged Bogus Purchases. The court held that when purchases are accepted as genuine but from bogus parties, only the profit element embedded in such purchases can be taxed, not the entire purchase amount.

The case pertains to an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate ...

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Bombay High Court Allows Appeal of Widow and Children in Employee's Compensation Claim for Heart Attack Death. Liberal Construction of Pleadings Required Under Section 22 of Employee's Compensation Act, 1923.

The appellants, widow and children of the deceased truck driver, filed a claim under Section 22 of the Employee's Compensation Act, 1923, seeking comp...

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High Court of Bombay at Goa Dismisses Revenue Appeals and Allows Assessee Appeals in Customs and Excise Classification Dispute. Classification of goods under Customs Tariff and Central Excise Tariff determined based on technical literature and expert opinion, rejecting revenue's reclassification.

The judgment involves multiple appeals filed by the Commissioner of Customs & Central Excise and by M/s Twenty First Century Wire Rods Ltd. The core i...

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Bombay High Court Upholds Tribunal's Decision Allowing Interest Deduction Under Section 36(1)(iii) for Dealer in Shares. Interest on Borrowed Funds for Investment in Shares Held as Stock-in-Trade is Business Expenditure, Not to be Reduced from Dividend Income Under Section 57(iii) of Income Tax Act, 1961.

This is a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, arising from the order of the Income Tax Appella...

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Bombay High Court Allows Appeal in Military Firing Death Case — Negligence and Vicarious Liability Established. The court held that firing without warning at a civilian constitutes negligence, and the Union of India is liable for compensation under the Fatal Accidents Act, 1855.

The appeal arises from a suit filed by the widow and children of Rajendra Kankariya, who was killed on 10 June 1994 when military jawans fired shots o...

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Bombay High Court Allows Petition by Employer in Industrial Dispute — Upholds Dismissal of Workman After Fair Domestic Enquiry. Labour Court's Interference Set Aside as Enquiry Was Proper and Punishment Not Disproportionate Under Industrial Disputes Act, 1947.

The petitioner, Chloride India Ltd. (now Exide Industries Ltd.), challenged the Award dated 19.9.1995 passed by the IInd Labour Court, Pune in Referen...

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Bombay High Court Enhances Compensation for Injured Surgeon in Motor Accident Claim — Applies Multiplier of 18 and 40% Future Prospects. Claimant's permanent disability assessed at 40% leads to enhanced award of Rs. 18,00,000.

The case involves two appeals arising from a motor accident claim. The claimant, Dr. Narayansing Hazari, a surgeon aged about 54 years, sustained inju...