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Bombay High Court Allows Liquidator's Petition Against Service Tax Demand on Deemed Sale Transaction. VAT Already Levied on Same Transaction Under MVAT Act Precludes Service Tax Under Finance Act, 1994.

The petitioner, Nayana Premji Savala, as Liquidator of Swire Oilfield Services India Private Limited (company in liquidation), filed a writ petition c...

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Bombay High Court Allows Insurance Claim for Loss in Transit Under Marine Insurance Policy. Plaintiff entitled to recover sum insured with interest as per contract terms.

The Plaintiff, Hindustan Copper Ltd., filed a suit for recovery of Rs.11,35,053.82 with interest from the Defendant, New India Assurance Co. Ltd., for...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...

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Bombay High Court Upholds Reinstatement Without Backwages for Employee in Misconduct Case. Labour Court's finding of misconduct but disproportionate punishment upheld; employee not entitled to backwages due to delay.

The judgment concerns two writ petitions arising from the same dispute between an employer, Shree Panchaganga Sahakari Sakar Karkhana Ltd., and an emp...

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Bombay High Court Acquits Appellant in Dowry Death Case Due to Lack of Evidence of Homicide and Inconsistencies in Prosecution Case. Conviction under Sections 302, 498A, 201 IPC Set Aside as Death by Drowning Could Not Be Proved as Murder Beyond Reasonable Doubt.

The appellant, Satish Kondiba Gawali, was convicted by the Additional Sessions Judge, Ahmednagar for offences under Sections 302, 498A and 201 of the ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Evidence. Circumstantial Evidence Including Last Seen Theory and Motive Found Insufficient to Convict Accused Under Sections 302, 147, 148, 201, 436 IPC and Explosive Substance Act, 1908.

The State of Maharashtra appealed against the judgment and order dated 28th March 2006 passed by the Additional Sessions Judge, Gondia, in Sessions Tr...

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Bombay High Court Upholds Acquittal in Murder Case Due to Lack of Credible Evidence and Unreliable Witnesses. Conviction under Sections 147, 148, 302, 201, 436 IPC and Explosive Substance Act Set Aside as Prosecution Fails to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra appealed against the judgment and order dated 28th March 2006 passed by the Additional Sessions Judge, Gondia, in Sessions Tr...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Sections 302, 392, 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellants, Anandrao @ Anil Baban Kharade and Vijay Hiraman Bahare, were convicted by the adhoc Additional Sessions Judge, Greater Bombay at Sewre...

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Bombay High Court Acquits Accused in Kidnapping for Ransom Case Due to Lack of Evidence and Unreliable Identification. Conviction under Sections 364-A, 363, 365 IPC set aside as prosecution failed to prove demand of ransom and identity of accused beyond reasonable doubt.

The case pertains to the kidnapping of a nine-year-old boy, Deepak, son of Mohanlal Oswal (PW1), on 30th June 1994 at about 7:30 p.m. from near his ho...