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High Court Dismisses Writ Petition Against DRAT Order Upholding Rejection of Application to Set Aside Auction Sale Under Rule 60 of Second Schedule to Income Tax Act. Court Holds That Subsequent One Time Settlement Between Judgment Debtor and Secured Creditor Does Not Defeat Auction Purchaser's Rights After Sale Certificate Issuance....

The petitioner, a judgment debtor in recovery proceedings, challenged the order of the Debts Recovery Appellate Tribunal (DRAT) which had upheld the rejection of her application under Rule 60 of the S...

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High Court Allows Appeal and Remands Motor Accident Claim for Computation of Compensation, Holding That Delay in FIR Is Not Fatal and Test Is Preponderance of Probabilities. Tribunal Erred in Dismissing Claim for Discrepancies in Vehicle Number Despite Corroborating Evidence of MLC and Spot Panchnama....

The appellant, Dilip Deshmukh, suffered grievous head injuries in a motor accident on 20 May 2011 while riding his motorcycle, when a Trax jeep collided with him. He filed a claim petition under the M...

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Bombay High Court Dismisses Petition Challenging Clubbing of Dishonour of Two Cheques in Single Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Held That Separate Causes of Action Do Not Necessitate Separate Complaints When Cheques Are Part of Same Transaction and Presented Within Limitation....

The petitioner, Umakant Dattatray Chakkarwar, was being tried for dishonour of two cheques dated 21/10/2014 and 27/10/2014, each for Rs.80,000/-, issued towards discharge of a debt of Rs.1,60,000/- ow...

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Bombay High Court Quashes FIR in Business Dispute Due to Civil Nature of Transaction. Dispute over unpaid amount for charcoal supply held to be civil, not criminal, under Sections 406 and 420 IPC....

The applicants, Navneet Kumar Aggarwal, Naresh Aggarwal, and Ramawatar Goel, filed an application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, Nagpur Bench, ...

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Bombay High Court Upholds Conviction of Appellant for Sexual Assault of Minor under POCSO Act — Victim's Testimony Found Credible and Corroborated by Medical Evidence and Prompt FIR....

The appellant, Kundan Shivshankar Fating, was convicted by the Special Judge under the POCSO Act, Wardha, for offences under Section 8 read with Section 7 of the POCSO Act and Section 354-A(1)(i) of t...

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High Court of Bombay Dismisses Union of India's Appeal in Arbitration Act Case - Trial Court Correctly Refused to Re-Examine Award Merits Under Section 17 After Section 30 Objections Dismissed in Default. Court holds that once objections under Section 30 are rejected, the court under Section 17 must pronounce judgment according to award without re-examining merits....

The appellant, Union of India, challenged the judgment and order dated 16.03.1998 passed by the Court of Civil Judge, Senior Division, Wardha in Miscellaneous Judicial Case No.6 of 1995. The trial cou...

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Bombay High Court Quashes Suspension of Excise Bar Licence for Violation of Natural Justice — Order Passed Without Hearing Despite Adjournment Granted. Commissioner of Excise Cannot Suspend Licence Without Hearing After Granting Adjournment for That Purpose Under Article 226 of Constitution of India....

The petitioner, Gregory Daniel B. Shah, an Overseas Citizen of India holding an excise bar licence in Goa, challenged an order dated 2nd February 2018 passed by the Commissioner of Excise, Goa. By tha...

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Bombay High Court Dismisses Writ Petition Challenging Seniority List of Customs Officers — No Violation of Principles of Natural Justice or Equality Found. The court held that the seniority list was prepared in accordance with the Recruitment Rules and the petitioners failed to demonstrate any arbitrariness or discrimination....

The petitioners, nine Superintendents of Customs (Preventive) working under the Commissioner of Customs (General), Mumbai, filed a writ petition challenging the seniority list dated 27.8.2003. They al...