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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased was not wearing helmet and had no valid driving license, contributing to accident; insurer's liability limited to 50% under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Rohidas Dahiphale, who died in a collision between his motorcycle and a truck....

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High Court of Bombay Allows Appeal of Commissioner of Central Excise in Central Excise Penalty Case — CESTAT Erred in Holding No Provision for Penalty Under Central Excise Act or Rules. Rule 209 of Central Excise Rules, 1944 Provides for Penalty for Offences Relating to Excisable Goods.

The Commissioner of Central Excise filed an appeal against the order dated 31st March 2005 passed by the Customs, Excise and Service Tax Appellate Tri...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Central Excise Case — Limitation Bar Upheld. Show Cause Notice Issued After Six Years Held Time-Barred as Assessee Did Not Suppress Facts.

The Commissioner of Central Excise, Goa, filed an appeal under Section 35G of the Central Excise Act, 1944, against the order of the Customs, Excise a...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus to Issue Exemption Notification Under Section 25 of Customs Act, 1962 — No Fundamental Right to Exemption from Customs Duty. Budget Proposal Does Not Have Force of Law Until Enacted; Power Under Section 25 is Permissive, Not Mandatory.

The petitioner, Amin Merchant, imported eight consignments of goods classified under Tariff Heading 2208.10 of the Customs Tariff during financial yea...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Agreement Dispute. Option to Purchase Not Exercised Does Not Convert Licence into Sale.

The plaintiff, Polaroid India P.Ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of Rs.1,60,00,000/- being ...

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Bombay High Court Allows Video Game Parlour Licence Despite Parking Concerns, Emphasizes Reasonable Exercise of Police Powers Under Bombay Police Act, 1951. Commissioner's Refusal Based on Mere Apprehension Without Specific Evidence Held Arbitrary.

The petitioner, Jagdish N. Shetty, sole proprietor of M/s. Om Sai Video Game Parlour, applied for a licence under the Bombay Police Act, 1951 to opera...