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Bombay High Court Allows Appeal in Loan Recovery Case — Decree Satisfaction Set Aside Due to Lack of Consent. Court holds that a decree cannot be marked satisfied without the consent of the decree-holder or a valid compromise recorded under Order 23 Rule 3 CPC.

The Industrial Credit & Investment Corporation of India Ltd. (ICICI) filed a suit against Radha Silk Mills Ltd. for recovery of a foreign currency loa...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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Bombay High Court Allows Petition Against Customs for Demurrage Charges Due to Delay in Assessment. Customs Department Directed to Bear Warehousing Charges for Inordinate Delay in Finalising Assessment of Imported Goods.

The petitioner, Apollo Paper Mills Ltd., imported second-hand machinery from the UK in 1995 to set up a paper manufacturing unit in Gujarat, seeking c...

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Bombay High Court Dismisses Petition Challenging Scrutiny Committee's Rejection of Thakur Tribe Claim. Court upholds committee's finding that petitioner failed to prove he belongs to Thakur Scheduled Tribe due to lack of documentary evidence and contradictory entries.

The petitioner, Rajendra Ramrao Ghosalkar, filed a writ petition under Article 226 of the Constitution of India challenging an order dated May 19, 200...

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Bombay High Court Allows Appeal of Retired Employee Against State's Challenge to Lok Nyayalaya Order. The Court held that the Lok Nyayalaya's order directing pensionary benefits was binding and the State could not bypass it by filing a writ petition without exhausting alternative remedies.

The appeal arises from a judgment of a Single Judge of the Bombay High Court allowing a writ petition filed by the State of Maharashtra and the Mahara...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Partition Suit. Refusal of Injunction Does Not Cause Failure of Justice as Suit Can Proceed for Final Adjudication.

The petitioners, Sandeep Ramesh More, Pravin Ramesh More, and Sundarbai Ramesh More, filed a Special Civil Suit No. 43 of 2001 before the Civil Judge,...

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Bombay High Court Dismisses Review Petition in Stamp Duty Penalty Case — No New Fact or Error Apparent on Record. Review sought on grounds of discovery of subsequent sale and excessive penalty, but court finds no due diligence or error apparent.

The applicants, original petitioners in Writ Petition No.7410 of 2002, filed a Review Petition No.64 of 2003 seeking review of an order dated 29th Jan...