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High Court of Karnataka Allows Appeal in Income Tax Case — Disallows Reopening of Assessment Beyond Four Years Without Failure to Disclose Material Facts. Section 147 of Income Tax Act, 1961 Requires Full and True Disclosure for Reopening After Four Years....

The appellant, M/s. Safina Hotels Private Limited, filed its return of income for the assessment year 2001-02. The assessment was completed under Section 143(3) of the Income Tax Act, 1961. Subsequent...

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High Court of Karnataka Allows Second Appeal in Property Suit — First Appellate Court's Reversal Set Aside Due to Perverse Findings on Adverse Possession. Burden of Proof for Adverse Possession Lies on Claimant; Mere Long Possession Insufficient Under Section 100 CPC....

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 2.6.2007 passed by the Civil Judge (Senior Division) and Additional Chief Judicial Ma...

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High Court of Karnataka Dismisses CBI Appeal Against Acquittal in Bank Fraud Case — No Evidence of Criminal Conspiracy or Cheating. The court upheld the acquittal of the accused for offences under Section 120-B read with 420 IPC, finding that the prosecution failed to prove the existence of a criminal conspiracy or dishonest intention beyond reasonable doubt....

The case pertains to an appeal filed by the Central Bureau of Investigation (CBI) against the acquittal of the respondent, Mohammed Yousuf, who was accused No.3 in a case registered as Spl.C.C. No.150...

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Bombay High Court Allows Appeal in Land Acquisition Reference Case — Limitation Period Under Section 18 of Land Acquisition Act, 1894 Not Applicable When Award Passed Without Notice to Claimant. Reference Filed Within Six Months of Award Held Within Time as Claimant Was Not Present or Represented at Award and No Notice Under Section 12(2) Was Given....

The appellant, Sau. Laxmibai Nilkanth Vabhitkar, filed a reference under Section 18 of the Land Acquisition Act, 1894 seeking enhancement of compensation for land acquired by the State of Maharashtra....

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Bombay High Court Dismisses Second Appeal Under Section 37(3) of Arbitration Act as Not Maintainable — No Second Appeal Lies Against Order Passed in Appeal Under Section 37 of Arbitration and Conciliation Act, 1996....

The appellant, Vinvin Enterprises (P) Limited, filed an Arbitration Petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the refusal of an interim order under Section 1...

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Bombay High Court Dismisses Second Appeal Under Section 37(3) of Arbitration Act as Not Maintainable. No Second Appeal Lies Against Order Passed in Appeal Under Section 37 of Arbitration and Conciliation Act, 1996....

The appellant, Vinvin Enterprises (P) Limited, filed a second appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the refusal of an interim order under Section 17 of the...

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Bombay High Court Upholds MEP Notification for Iron Ore and Steel Products as Valid Exercise of Power Under Foreign Trade Act. Court holds that Minimum Export Price is a reasonable condition for export licensing and does not violate fundamental rights....

The petitioners, JSW Steel Limited and Welspun Tradings Limited, along with their officers, challenged the constitutional validity of the Minimum Export Price (MEP) notification dated 8th February 201...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Seeking Compassionate Appointment After 17 Years Delay. Petitioner failed to apply within prescribed time limits under Government Resolutions of 1985 and 1996, and no continuing cause of action existed....

The petitioner, Pawan Dinkar Palaskar, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal, Aurangabad Bench, dated 12th December 2014, which dismissed his Original ...

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Bombay High Court Allows Criminal Writ Petition Challenging Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Failure to Consider Evidence and Proper Application of Law. The court set aside the dismissal order and remanded the matter for fresh consideration, emphasizing the need for proper judicial application....

The petitioner, Santoshkumar Ghisulal Jaju, was the original complainant in Misc. Application No.253 of 2008 filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint was dismisse...