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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 33-C(2) of Industrial Disputes Act, 1947 for Computation of Minimum Wages. Labour Court erred in dismissing claim for difference in wages on ground of limitation and lack of adjudication of entitlement.

The petitioner, Shri Tularam Manikrao Hadge, filed a writ petition challenging the judgment and order dated 29.07.2019 passed by the Labour Court, Nag...

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Bombay High Court Upholds Deduction Under Section 80IB for Assessee Engaged in Manufacture Through Job Workers. Workers Supplied by Contractor Count Towards Employee Requirement Under Section 80IB(2)(iv).

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal which allowed deduction under Sec...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Pralhad Sadashiv Badole, a retired government servant and former District Fishery Officer at Wardha, was convicted by the Special Judge...

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High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Inconsistent Evidence. Conviction under Section 7 and Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The case involves an appeal against the conviction of Baliram Ghodke (since deceased, represented by legal heirs) under Sections 7 and 13(1)(d) read w...

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Bombay High Court Upholds Reinstatement of Casual Worker in BSNL Case — 50% Back Wages Upheld. Continuous Service of 371 Days Over 13 Months Constitutes Regular Employment Under Industrial Disputes Act, 1947.

The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, M...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...