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Bombay High Court Dismisses Appeal Against Prohibitory Order Under Regulation 21 of CHALR, 2004 — No Appeal Lies to CESTAT. Regulation 22(8) of CHALR, 2004 is Not Ultra Vires the Customs Act, 1962.

The appeal arises from a decision of the CESTAT dated 2 January 2013, which held that an appeal is not maintainable against an order passed under Regu...

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Bombay High Court Allows Writ Petition by Municipal Council Against Labour Court Order of Reinstatement with Back Wages. Labour Court Exceeded Jurisdiction by Reappreciating Evidence in Domestic Inquiry Under Section 30 of MRTU & PULP Act, 1971.

The petitioner, Sangamner Nagar Parishad, challenged the judgment and order of the Labour Court, Ahmednagar, dated 30/04/2013, in Complaint (ULP) No. ...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Dismisses Appeal of Convicted Accused in Murder Case — Age Determination Issue Not Proven. Appellant failed to establish juvenility on date of offence despite claiming birth date of 6/7/1983, as evidence from school and birth records was inconsistent.

The appellant, Amit @ Bapu Nanasaheb Bhandwalkar, was convicted in a criminal case and filed Criminal Appeal No. 38 of 2005 before the Bombay High Cou...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Allows Second Appeal in Property Suit, Holding That Civil Court Jurisdiction Cannot Be Ousted Without Pleadings and That Courts Below Erred in Permitting Evidence on Unpleaded Facts

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the appellate court which dismissed...