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Bombay High Court Holds That Question of Excisability of Goods Is a Question of Rate of Duty Appealable Only to Supreme Court Under Section 35L(2) of Central Excise Act, 1944, and Amendment Inserting Sub-section (2) Is Clarificatory in Nature.

The case involves a reference to a Full Bench of the Bombay High Court to determine the appealability of a Tribunal order regarding excisability of go...

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High Court of Bombay at Goa Allows PIL Seeking Remedial Measures Against Illegal Sand Mining and Withdraws Environment Clearance for Non-Compliance. Court Directs State to Formulate Comprehensive Policy and GSEIAA to Re-evaluate Clearance Under Sustainable Sand Mining Management Guidelines.

The Federation of Rainbow Warriors, a society registered under the Societies Registration Act, 1860, filed a Public Interest Litigation before the Hig...

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Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

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Bombay High Court Dismisses PIL Seeking to Restrain Ministers from Exercising President's Constitutional Powers. Court holds that the President exercises executive powers on the aid and advice of the Council of Ministers under Article 74 of the Constitution of India.

The petitioner, P.B. Samant, claiming to be an active social worker, filed a public interest litigation in the Bombay High Court seeking a writ of pro...

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Bombay High Court Allows Writ Petition, Quashes Trial Court Order Staying Suit Pending Tenancy Determination. Court holds that civil suit for possession based on licence must proceed on framed issues; tenancy issue arises only if plaintiff fails to prove licence.

The petitioner, Raichand Sobhagchand Shah, filed a writ petition challenging an order dated 6.2.2006 passed by the trial court in Regular Civil Suit N...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...