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Bombay High Court Allows Writ Petition Challenging Detention of Second Hand Machinery Import — Circular No.4/2008-Cus Held Ultra Vires Section 14(1) of Customs Act, 1962. Transaction Value Must Be Accepted Unless Rebutted by Proper Evidence; Guidelines in Circular Cannot Override Statutory Provisions.

The petitioner, M/s Bosch Limited (formerly Motor Industries Co. Ltd.), a public limited company engaged in manufacturing automotive components, impor...

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High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 NI Act is committed at the place of dishonour and service of notice, which was Delhi, not Bangalore.

The petitioners, Sri Devidas Garg, Smt. Amita Garg, and Sri Santhosh Kumar Garg, filed two criminal petitions under Section 482 of the Code of Crimina...

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Bombay High Court Dismisses Petition Challenging Transfer of Professor in Medical College — Transfer Order Not Vitiated by Malafides or Non-Relieving of Predecessor. Administrative Transfer Upheld as Incident of Service, No Interference Warranted.

The petitioner, Dr. Sudhir Vithal Medhekar, was working as an Associate Professor at Bhausaheb Hire Government College, Dhule. By order dated 30th Jun...

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Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

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Bombay High Court Dismisses Petitioner's Claim for Reduced Stamp Duty on Development Agreements Under COVID-19 Concession. Development Agreement Not Equivalent to Conveyance; Notification Under Article 25(b) of Maharashtra Stamp Act, 1958 Inapplicable.

The petitioner, M/s. Sandeep Dwellers Private Limited, a construction company, entered into three development agreements dated 28.12.2020, 31.12.2020,...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Bombay High Court Allows Interest on Delayed GST Refund Despite Red Flagging of Exporter. Petitioner entitled to interest under Section 56 of CGST Act for period beyond 60 days from filing shipping bill, as red flagging does not justify indefinite delay.

The petitioner, Ms. Anita Agarwal, sole proprietor of M/s. Shanker International, is an exporter of goods such as Ethyl Alcohol Liquid Packaging Film ...