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LETTERS PATENT APPEAL NO.288 OF 1999

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...

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Bombay High Court Allows Quashing of Criminal Proceedings in Matrimonial Dispute Following Compromise. Settlement Between Husband and Wife Leads to Termination of Case Under Sections 498-A, 406, 323, 504, 506 IPC and Dowry Prohibition Act.

The applicants, including the husband Naresh Dholpuria and his relatives, filed a criminal application under Section 482 of the Code of Criminal Proce...

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Bombay High Court Quashes State Order on Solvent Licensing for Repugnancy with Central Order. Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 struck down as ultra vires the Essential Commodities Act, 1955 due to conflict with Central Order of 2000.

The Petitioner, Indian Small Scale Paint Association Society, challenged the Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 as being re...

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Bombay High Court Allows Second Appeal in Money Lending Licence Renewal Case — Subsequent Renewal Covering Loan Date is Sufficient Compliance. Licence under Bombay Money Lenders Act need not be obtained before advancing loan if renewal subsequently covers the date of advancement.

The appellant, Hind Finance Industries and Investment Limited, filed a second appeal against the concurrent judgments of the trial court and first app...

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The Supreme Court allowed the appeal, set aside the High Court's impugned order, and made the interim protection absolute by granting anticipatory bail with conditions of cooperation with investigation and trial, and non-influence of witnesses. - Anticipatory bail granted

The Supreme Court granted anticipatory bail to the appellant in an excise case, overturning the High Court's refusal, primarily because the appellant ...

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Supreme Court Upholds Conviction of Husband in Murder Case Based on Dying Declaration. Concurrent findings of guilt under Sections 302 and 342 IPC affirmed as dying declaration was properly recorded, consistent, and credible, meeting admissibility criteria under evidence law.

The Supreme Court considered a criminal appeal challenging concurrent convictions for murder and wrongful confinement. The appellant was accused of be...