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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Dismissal on Limitation Grounds. Court holds that limitation period for filing complaint under Section 138 of Negotiable Instruments Act, 1881 runs from date of receipt of notice by accused, not from date of dispatch.

The appellant, Krishnakumar Vishwanathprasad Chaturvedi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respo...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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Bombay High Court Allows Reference in Sales Tax Case — Sale to Purchaser's Branches in Another State Constitutes Inter-State Sale Under Section 3(a) of Central Sales Tax Act, 1956. Movement of Goods from Maharashtra to Vapi and Silvasa Occasioned by Sale, Hence Inter-State Sale.

The applicant, M/s K.C. Metal Industries, a manufacturer and seller of copper strips and bars registered under the Bombay Sales Tax Act, 1959 and the ...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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Bombay High Court Upholds Life Conviction for Murder Based on Eye Witness Testimony and Motive — Conviction under Section 302 IPC for Sickle Attack on Neck Upheld.

The appellant, Jayram Laxman Baswat, was convicted by the Ad-hoc Additional Sessions Judge, Palghar, for the murder of Ladka (deceased) under Section ...

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Bombay High Court Allows Writ Petition Challenging Executing Court's Order for Re-delivery of Possession in Partition Suit — Executing Court Cannot Reopen Partition Once Effected by Collector Under Section 47 CPC.

The case arises from a partition suit (Special Civil Suit No. 80 of 1969) filed by the respondents against the petitioner. A decree for partition was ...

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Bombay High Court Allows Writ Petition Against Detention of Air Conditioners by Municipal Corporation for Alleged Undervaluation of Octroi Duty. Classification of Goods Under Schedule-H Item 50 of Bombay Municipal Corporation Act, 1888 Attracts 2% Octroi Duty, Not 4% Under Entry 52 of Octroi Rules.

The petitioner, Batliboi Limited, a manufacturer of industrial package air conditioners, filed a writ petition challenging the detention of its consig...

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Bombay High Court Rules Against Export Tax Exemption for Helium Gas Supplied to ONGC at Mumbai High. Sales to ONGC at Mumbai High Not Exports Under Section 5(1) Central Sales Tax Act as Mumbai High Is Not a Foreign Destination.

The case involves a sales tax reference under Section 61(4) of the Bombay Sales Tax Act, 1959, arising from a decision of the Maharashtra Sales Tax Tr...

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Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award on Interest. Interest Awarded from Arbitrator's Appointment Date Upheld as Within Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

The petitioner, Hindustan Petroleum Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ...

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Bombay High Court Upholds Disqualification of Gram Panchayat Member for Having More Than Two Children Under Section 14(1)(j1) of Bombay Village Panchayats Act, 1958. Children from Both Marriages Counted Regardless of Divorce; Belated Application Does Not Bar Disqualification.

The petitioner, Ashok Balasaheb Chaugule, was elected as a member of the Gram Panchayat of Tardal, Taluka Hatkanangale, District Kolhapur in 2007. Res...