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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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High Court of Bombay Considers Official Liquidator's Plea for Handover of Assets and Records of Companies in Liquidation. Law Enforcement Agencies' Seizure of Properties and Books of Account Examined in Context of Winding Up Proceedings Under Companies Act, 1956.

The proceedings involved multiple Official Liquidator’s Reports and a Company Application arising out of the winding up of M/s. City Limouzines (Ind...

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Bombay High Court Allows Pensionary Benefits to Retired Employee Despite Upholding Removal Order Due to Delay. Petitioner's challenge to removal dismissed as barred by laches, but court directs payment of pension and gratuity as per rules.

The petitioner, Chandrashekhar s/o Devidas Deshmukh, a retired Tax Collector from Amravati Municipal Corporation, filed a writ petition challenging an...

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Bombay High Court Allows Appeal in Central Excise Classification Dispute — Interest Not Payable Without Specific Provision. Held that Section 11AA of Central Excise Act, 1944 does not apply to Additional Duties under ADE (T&TA) Act, 1978, and interest cannot be levied in absence of charging provision.

The appellant, Indo Swiss Embroidery Industries Limited, is engaged in manufacturing embroidered grey fabrics classified under Chapter Sub Heading 580...

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Bombay High Court Dismisses Petition Challenging Modvat Credit Lapse Provisions in Finance Act, 1999. Retrospective Validation of Rules Causing Lapse of Accumulated Credit Upheld as Within Legislative Competence and Not Violative of Fundamental Rights.

The petitioner, Coral Cosmetics Limited, a company incorporated under the Companies Act, 1956 and registered as a Small Scale Industry, was engaged in...

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Gujarat High Court Allows Appeal in Recovery Suit, Sets Aside Dismissal for Non-Prosecution. The Court restored Civil Suit No. 2037 of 1998 to the file of the City Civil Court, Ahmedabad, holding that the dismissal for default was not justified given the long pendency of the suit.

The appellant, Abhishek Finlease Ltd., filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree...