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Bombay High Court Allows Appeal in ESI Act Case — Establishes Separate Entities Not Functionally Interconnected. Functional Interconnectivity Test Under Section 75(1)(g) of ESI Act, 1948 Requires Common Supervision, Finance, and Labour; Mere Common Partners Insufficient.

The appellant, M/s. New Power Supply, a partnership concern engaged in manufacturing and repairing power transformers, filed an appeal against the jud...

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Bombay High Court Upholds Life Sentence for Rape of Minor in Pilgrim Fair Incident. Conviction under Section 376(2)(f) IPC Sustained as Medical and Testimonial Evidence Corroborated Prosecution Case.

The appellant, Bhagwan @ Maharu Ragho Koli, was convicted by the Additional Sessions Judge, Dhule, for offences under Section 376(2)(f) and Section 50...

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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Bombay High Court Acquits Mother in Murder Case Due to Lack of Evidence and Inconsistent Testimonies. Conviction under Section 302 IPC for killing husband and daughter set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Smt. Kusum Sagun Malmanke, was convicted by the Additional Sessions Judge, Sangli, for the murder of her husband Sagun Tatoba Malmanke ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Unreliable Evidence. Acquittal of Accused Under Sections 147, 148, 324, 307 read with 149 IPC Upheld as Prosecution Witnesses Gave Contradictory Versions.

The State of Maharashtra appealed against the acquittal of five respondents (original accused) by the Additional Sessions Judge, Nashik, for offences ...

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Bombay High Court Upholds Acquittal in Murder Case Due to Inconsistent Evidence and Doubtful Identification. State Appeal Dismissed as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 302, 307 IPC.

The State of Maharashtra appealed against the judgment of the Sessions Judge, Raigad, Alibag dated 11.7.1988, which acquitted all four accused persons...

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Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

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Bombay High Court Dismisses State Appeal in Gang Rape Acquittal — Trial Court's Finding of Inconsistent Child Testimony and Lack of Corroboration Upheld. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 376(2)(g) IPC and Section 5 of Prevention of Immoral Traffic Act.

The State of Maharashtra appealed against the judgment and order dated 28 January 2011 passed by the Sessions Court at Dindoshi, Mumbai in Sessions Ca...

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Bombay High Court Dismisses Arbitration Petitions for Appointment of Arbitrator Due to Absence of Arbitration Agreement. Invoices Relied Upon by Distributors Did Not Contain Arbitration Clause, and No Other Agreement Was Produced.

The judgment involves multiple arbitration petitions filed by various distributors (petitioners) against Elder Pharmaceuticals Limited (respondent) se...