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Bombay High Court Allows Writ Petition Challenging Customs Assessment Order Based on Ultra Vires Standing Order. Standing Order No.36/2008 held ultra vires Section 14 of Customs Act, 1962, and assessment order set aside for breach of natural justice.

The petitioner, Life Style International Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Partition Suit — Court Upholds Trial Court's Discretion Under Order 39 Rules 1 and 2 CPC, Finding No Prima Facie Case for Injunction Against Alienation of Property by Co-owners.

The petitioner, Rekha Bhujang, filed a suit for partition and separate possession of suit properties described in Schedules A and B of the plaint. The...

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Bombay High Court Dismisses Petitioners' Challenge to Trial Court's Refusal to Send Documents for Handwriting Expert Opinion in Will Dispute. Court Holds That Section 73 of the Indian Evidence Act, 1872 Does Not Empower a Court to Compel a Witness to Give Sample Signatures for Comparison.

The case involves two writ petitions filed by the petitioners (defendants in a suit) challenging an order of the Trial Court dismissing their applicat...

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Bombay High Court Allows Furlough to Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Furlough. Furlough is a right of a prisoner and cannot be denied solely on ground of past overstay without considering subsequent good conduct and period of incarceration.

The judgment pertains to two criminal writ petitions filed by convicts Satish Shankarrao Shinde and Nagnath Bapurao Sontakke, challenging the rejectio...

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Bombay High Court Quashes Criminal Proceedings Against Public Servants in Misappropriation Case for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioners, who were public servants working as Junior Engineer, Assistant Account Officer, Gram Sevak, and Junior Engineer in Panchayat Samiti U...

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Bombay High Court Allows Writ Petition Against Authority for Advance Ruling's Refusal to Give Ruling on Tax Liability of Capital Gains from Sale of Shares by Mauritius-Based Company. Authority's Order Set Aside as Without Jurisdiction Since Proviso to Section 245R(2) of Income Tax Act, 1961 Not Attracted.

The petitioner, Mahindra BT Investment Co. (Mauritius) Ltd., a company incorporated in Mauritius and a tax resident there, filed an application for ad...

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Bombay High Court Grants Anticipatory Bail to Director in Cheating and Forgery Case. Court Held That Director's Role of Signing Documents and Attending Meetings Does Not Constitute Criminal Liability Without Specific Allegations of Dishonest Intent.

The applicant, Sandeep P. Jain, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, in connection with C...

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Bombay High Court Upholds Reinstatement Order with Modified Back Wages in Industrial Dispute — Workman's Union Activities Led to Dismissal; Labour Court's Order Upheld with 80% Back Wages.

The judgment arises from cross writ petitions challenging an order dated 25th March 1998 passed by the First Labour Court, Bombay, in Reference (IDA) ...

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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...