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High Court of Karnataka Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act....

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, 1881. The parties, Munira...

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High Court of Karnataka Grants Bail to Accused in Murder Case Due to Lack of Prima Facie Evidence of Conspiracy and Long Incarceration. Petitioners Accused of Murder Under Section 302 IPC and Conspiracy Under Section 120B IPC Granted Bail Under Section 439 CrPC....

The petitioners, accused nos.1 to 3, filed a criminal petition under Section 439 CrPC seeking regular bail in connection with Crime No.09/2019 registered by Marihal Police Station for offences under S...

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High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process....

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijayapura, dismissing their application under Order VI...

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Bombay High Court Grants Extension of Time for Trial in Criminal Appeal — Emphasizes Need for Prompt Placement of Extension Requests Before Court. The court directed the Registrar (Judicial) to examine feasibility of placing extension requests without main papers to avoid delay in passing orders....

The High Court of Judicature at Bombay, in its Criminal Appellate Jurisdiction, was dealing with Criminal Appeal No. 93 of 2019 filed by Gopal Sahebrao Yadav against the State of Maharashtra and anoth...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts....

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registration Act, 1860, filed a writ petition under Artic...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reopening Based on Change of Opinion Invalid. The court held that without any new tangible material, the Assessing Officer cannot reopen an assessment completed under Section 143(3) beyond four years merely on a change of opinion....

The petitioner, Alok Knit Exports Limited (formerly Niraj Realtors and Shares Pvt. Ltd.), challenged a notice dated 30 March 2019 issued under Section 148 of the Income Tax Act, 1961 for the Assessmen...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings....

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two others (partners) to recover money. The suit was f...

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Bombay High Court Allows Writ Petition Against Adjustment of Refund Without Proper Notice Under Section 245 of Income Tax Act, 1961. Adjustment of refund against alleged outstanding demand quashed for lack of prior intimation and violation of natural justice....

The petitioner, Jet Privilege Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the adjustment of its refund for Asse...