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Bombay High Court Holds Juvenile Cannot File Anticipatory Bail Under Section 438 CrPC; Remedy Lies Under Juvenile Justice Act. The JJ Act is a complete code providing for bail provisions for children in conflict with law, and Section 438 CrPC is not available to them.

The case involved a reference to a Division Bench of the Bombay High Court to decide whether a juvenile in conflict with law can file an application f...

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Bombay High Court Quashes Divisional Commissioner's Order Declaring Group Leader of BJP Municipal Party for Lack of Jurisdiction. Commissioner Cannot Decide Group Leadership Under Maharashtra Local Authority Members' Disqualification Act, 1986 as Power is Limited to Disqualification of Members.

The petitioner, Bhagatram Ravalmal Balani, was elected as a councillor of the Jalgaon Municipal Corporation in 2018 on a BJP ticket. After the electio...

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High Court of Bombay at Goa Allows Tax Appeal in Part on Demurrage Disallowance and Education Cess Deduction — Demurrage paid to non-resident buyers not taxable under section 172 of Income Tax Act, 1961 as occasional shipping; Education Cess allowable as deduction in year of payment.

The judgment concerns two tax appeals filed by Sesa Goa Limited against the Joint Commissioner of Income Tax, Range 1, Panaji Goa, arising from assess...

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Bombay High Court Quashes Penalty and Confiscation Orders in Sand Mining Cases for Violation of Natural Justice. Orders under Section 48(7) of Maharashtra Land Revenue Code, 1966 set aside for lack of hearing; matters remanded for fresh consideration.

The judgment involves two writ petitions challenging orders passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966. In Writ Petition No...

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Bombay High Court Quashes Suspension of Nominations to Standing Committee of Akola Municipal Corporation for Violation of Natural Justice. State Government's Order under Section 451 of Bombay Provincial Municipal Corporation Act, 1949 Set Aside for Non-Compliance with Principles of Natural Justice.

The petitioners, Suresh Jagannath Patil (Mayor), Sunil Tukaram Meshram (Corporator), and Surprakash Shrawan Shirsat (Corporator) of Akola Municipal Co...

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Bombay High Court Upholds Dismissal of Workman for Habitual Absenteeism in MRTU and PULP Act Complaint. Concurrent findings of fact by Labour Court and Industrial Court not interfered with under writ jurisdiction as no perversity or violation of natural justice established.

The petitioner, Francis Xavier, was employed by M/s. Magna Graphics (I) Pvt. Ltd. and was dismissed on 24 August 1995 for habitual absenteeism. He cha...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Complaint. Petitioner failed to establish employer-employee relationship with respondent company as he was engaged through a contractor.

The petitioner, M.G. Bhide, filed a complaint before the Industrial Court at Pune under the Maharashtra Recognition of Trade Unions and Prevention of ...