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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process....

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28.08.2019 pass...

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Bombay High Court Allows Condonation of Delay in Filing Form No.10B for Charitable Trusts — Mistake of Chartered Accountant Constitutes Sufficient Cause. The court directed the Commissioner of Income Tax (Exemptions) to condone the delay and process Form No.10B for the assessment year 2018-2019, setting aside the rejection orders....

The petitioners, Little Angels Education Society and Rev. C. F. Andrews Education Society, are charitable trusts running schools in Mumbai and assessed under the Income Tax Act, 1961. For the assessme...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14....

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a clarification issued by the Principal Commissioner ...

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Bombay High Court Quashes FIR in Theft Case Based on Compromise and Lack of Criminal Intent. The court held that where the complainant realizes the FIR was mistakenly registered and consents to quashing, the FIR can be quashed to secure the ends of justice....

The petitioner, Sarfaraz Tajammul Husain Ansari, an employee of Bhiwandi Nizampur City Municipal Corporation, sought quashing of FIR No. 336 of 2019 registered at Shantinagar Police Station for theft ...

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence....

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, Mumbai, rejecting his application under Order 18 Ru...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time....

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The vessel owners, Golden Star Marine FZE, gave repeat...

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Bombay High Court Allows Petition Challenging Magistrate's Order Accepting 'C' Summary Report Without Considering Protest Petition on Merits. Magistrate Must Apply Judicial Mind and Pass Reasoned Order When Complainant Files Protest Petition Against 'C' Summary Report....

The petitioner, Abhishek Dinkar Ekal, was the original complainant in an FIR dated 25.09.2014 registered against eight persons for offences under Section 420 read with Section 34 of the Indian Penal C...

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Bombay High Court Upholds Conviction of Four Accused in Cab Driver Murder Case. Circumstantial Evidence Including Last Seen Theory and Recovery of Stolen Property Sufficient to Sustain Conviction Under Sections 302 and 120-B IPC....

The case involves four appellants convicted for the murder of a cab driver during a robbery. The prosecution's case was based on circumstantial evidence, including the last seen theory, recovery of st...