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High Court of Karnataka Dismisses Writ Petition Challenging Lokayukta's Rejection of Complaint Against MLAs for Alleged Offence Under Section 17(2) of Karnataka Lokayukta Act, 1984 — Complaint Not Maintainable as Members of Legislative Assembly Are Not 'Public Servants' Under the Act....

The petitioners, Adarsh R. Iyer and Prakash Babu B.K., co-presidents of Janaadhikaara Sangharsha Parishath (JSP), filed writ petitions under Articles 226 and 227 of the Constitution of India challengi...

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Bombay High Court Upholds Tribunal's Decision on Competency of Income Tax Officer to Assess Under Estate Duty Act. Assessment by Income Tax Officer, Trust-cum-Estate Duty Circle Held Non-Est for Lack of Proper Appointment....

The case pertains to a reference under Section 64(1) of the Estate Duty Act, 1953, made by the Collector of Estate Duty, Nagpur, against the order of the Appellate Tribunal. The Tribunal had held that...

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Bombay High Court Acquits Public Servants in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt....

The case involves two appeals against a conviction under the Prevention of Corruption Act, 1988. The appellants, Kashinath Vikramji Thorat (accused No.2, Naib Tahsildar) and Raju Laxmanrao Bahekar (ac...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Public Witness. Conviction Based on Circumstantial Evidence Fails as Chain of Circumstances Not Complete Under Section 302 IPC....

The appellant, Vilas Govinda Pradhan, was convicted by the Additional Sessions Judge, Nagpur for the murder of his wife, Anita @ Pinky, under Section 302 IPC and sentenced to life imprisonment. The pr...

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Bombay High Court Upholds Conviction for Murder and Causing Hurt in Exorcism-Related Death. Accused's Claim of Insanity Rejected as He Failed to Prove Legal Insanity Under Section 84 IPC....

The appellant, Sanjay Nagorao Pote, was convicted by the Adhoc Sessions Judge, Chandrapur, for the murder of his cousin Vitthal and for causing hurt to other family members during an exorcism ritual. ...

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Bombay High Court Dismisses Writ Petition Challenging Registration of Charge Under Companies Act — Petitioner Company Failed to Discharge Debt and Opposed Registration of Charge by Creditor; Court Held That Registration of Charge Is Not Dependent on Consent of Borrower and That the Remedy of Appeal Under Section 10F of Companies Act Is Available....

The petitioner, Pearl Engineering Polymers Ltd., a company engaged in polyester chips manufacturing, had borrowed funds from respondent No.4 (AFIC) by way of External Commercial Borrowings (ECB). The ...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs....

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific performance of an agreement for sale dated 1st August 201...

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Bombay High Court Allows Revision Against Order Returning Plaint in Property Dispute — Jurisdiction of Civil Court Barred Under Section 163 of Maharashtra Cooperative Societies Act, 1960. Dispute Relating to Property Owned by Cooperative Society Must Be Tried by Cooperative Court, Not Civil Court....

The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dated 21st August 2015. The District Judge had allowe...

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High Court of Bombay at Aurangabad Upholds Termination of University Employee for Unauthorized Absence Due to Detention in Criminal Case. Absence Without Leave Not Excused by Acquittal Under Section 307 IPC....

The petitioner, Ashok Janardhan Shinde, was employed as a Laboratory Boy with Marathwada Krushi Vidyapith (the University) from 22 January 1999. He was arrested and detained for more than 48 hours in ...

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High Court of Karnataka Allows Revenue's Appeal in KVAT Penalty Case — Kara Samadhana Scheme Application Not Maintainable After Penalty Order. Belated return filing under KVAT Act attracts penalty under Section 72(1) read with Section 36(2), and application under Kara Samadhana Scheme cannot be filed after penalty order is passed....

The Revenue (State of Karnataka and its officers) filed a writ appeal challenging an order of a Single Judge dated 31.05.2017 in Writ Petition No.21935/2017. The Single Judge had directed the assessin...