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Bombay High Court

Home - Bombay High Court - Page 64

Bombay High Court: Arbitrator’s Jurisdiction Challenged; Non-Disclosure in Insurance Proposal Forms Under Scrutiny Amid Absence of Arbitration Clause in SBE Policy
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Bombay High Court: Arbitrator’s Jurisdiction Challenged; Non-Disclosure in Insurance Proposal Forms Under Scrutiny Amid Absence of Arbitration Clause in SBE Policy

Court’s Decision The Bombay High Court heard a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award that directed the petitioner (a government-owned insurance…
Posted by Rawlaw December 31, 2024
Bombay High Court Upholds Pre-Deposit Requirement Under SARFAESI Act, Rejects Borrower's Waiver Plea for Lack of Financial Hardship and Prima Facie Case, Confirms Accrued Interest as Part of Debt Calculation
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Bombay High Court Upholds Pre-Deposit Requirement Under SARFAESI Act, Rejects Borrower’s Waiver Plea for Lack of Financial Hardship and Prima Facie Case, Confirms Accrued Interest as Part of Debt Calculation

1. Court’s Decision: The Bombay High Court rejected the borrower’s writ petition seeking a waiver of the statutory pre-deposit required under Section 18(1) of the SARFAESI Act to appeal a…
Posted by Rawlaw December 31, 2024
Bombay High Court Dismisses Revenue's Appeal on Denial of CENVAT Credit for Exempted Goods, Affirming Tribunal’s Decision Based on Settled Law
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Bombay High Court Dismisses Revenue’s Appeal on Denial of CENVAT Credit for Exempted Goods, Affirming Tribunal’s Decision Based on Settled Law

Court’s Decision The Bombay High Court dismissed the Revenue’s appeal filed under Section 35G of the Central Excise Act, 1944. The court upheld the Tribunal's decision, which allowed the respondent…
Posted by Rawlaw December 31, 2024
Bombay High Court Denies Bail: Neutral Material in Ganja Seizures Cannot Be Separated; Total Weight to Determine Commercial Quantity Under NDPS Act; Procedural Compliance on Sample Collection Upheld
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Bombay High Court Denies Bail: Neutral Material in Ganja Seizures Cannot Be Separated; Total Weight to Determine Commercial Quantity Under NDPS Act; Procedural Compliance on Sample Collection Upheld

Court’s Decision The Bombay High Court refused the applicant’s bail, citing the NDPS Act’s provisions and the Supreme Court's interpretation in Hira Singh v. Union of India. The court emphasized…
Posted by Rawlaw December 31, 2024
Bombay High Court Rejects Plea to Quash Criminal Proceedings in Financial Misconduct Case: Emphasizes Importance of Due Process and Unimpeded Investigation in Allegations of Fraud and Forgery
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Bombay High Court Rejects Plea to Quash Criminal Proceedings in Financial Misconduct Case: Emphasizes Importance of Due Process and Unimpeded Investigation in Allegations of Fraud and Forgery

Court’s Decision The Bombay High Court (Goa Bench) dismissed the petitioner’s request to quash the criminal proceedings. The petitioner was accused of offenses under various sections of the Indian Penal…
Posted by Rawlaw December 30, 2024
Bombay High Court Upholds Eviction Decree: "A Landlord Is the Best Judge of His Bona Fide Requirement," Affirms Right to Reclaim Property for Family Business Expansion
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Bombay High Court Upholds Eviction Decree: “A Landlord Is the Best Judge of His Bona Fide Requirement,” Affirms Right to Reclaim Property for Family Business Expansion

Court's Decision The Bombay High Court dismissed the tenant's revision application and upheld the eviction decree passed by the trial and appellate courts. The court affirmed that the landlord's requirement…
Posted by Rawlaw December 30, 2024
Bombay High Court Partially Overturns Convictions in ₹2.36 Crore Cash Van Robbery: Highlights Investigative Lapses and Procedural Violations, Orders Further Probe
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Bombay High Court Partially Overturns Convictions in ₹2.36 Crore Cash Van Robbery: Highlights Investigative Lapses and Procedural Violations, Orders Further Probe

1. Court’s Decision The Bombay High Court analyzed appeals filed by several accused persons convicted by the Additional Sessions Judge, Wardha, for their roles in the robbery of Rs. 2.36…
Posted by Rawlaw December 30, 2024
Bombay High Court Upholds Eligibility of Engineering Graduates for Craft Instructor Posts: "Higher Qualifications Do Not Disqualify When Not Expressly Excluded by Recruitment Rules"
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Bombay High Court Upholds Eligibility of Engineering Graduates for Craft Instructor Posts: “Higher Qualifications Do Not Disqualify When Not Expressly Excluded by Recruitment Rules”

Court’s Decision The Bombay High Court dismissed two writ petitions challenging the recruitment process for Craft Instructor posts in Industrial Training Institutes (ITIs). The court upheld the validity of the…
Posted by Rawlaw December 30, 2024
Bombay High Court Upholds Execution Proceedings Under Consumer Protection Act: "Time-Barred Orders Are Voidable, Not Void Ab Initio, and Must Be Challenged to Prevent Enforcement"
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Bombay High Court Upholds Execution Proceedings Under Consumer Protection Act: “Time-Barred Orders Are Voidable, Not Void Ab Initio, and Must Be Challenged to Prevent Enforcement”

Court's Decision The Bombay High Court dismissed a writ petition challenging execution proceedings under Section 27 of the Consumer Protection Act, 1986. The Court held that an order passed in…
Posted by Rawlaw December 28, 2024
Bombay High Court Quashes Time-Barred Reassessment Order: "Violation of Limitation Period Under Section 153 Renders Order Void; Procedural Irregularities Highlighted"
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Bombay High Court Quashes Time-Barred Reassessment Order: “Violation of Limitation Period Under Section 153 Renders Order Void; Procedural Irregularities Highlighted”

Court’s Decision The `Bombay High Court` quashed the reassessment order passed by the Income Tax Department under Section 143(3) read with Sections 147 and 144B of the Income Tax Act.…
Posted by Rawlaw December 28, 2024

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