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Bombay High Court Allows Appeal in Trust Election Dispute — Upholds Validity of Trustees' Election Despite Procedural Irregularities. Substantial Compliance with Bye-Laws and Absence of Prejudice to Members Renders Election Valid Under Bombay Public Trust Act, 1950....

The case involves a dispute over the election of trustees of the People's Education Society, a public trust registered under the Societies Registration Act, 1860 and the Bombay Public Trust Act, 1950....

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Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process....

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed by the Debts Recovery Appellate Tribunal (DRAT), M...

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Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice....

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court challenging the order dated 5 March 2013 passed by ...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher by School Tribunal. Teacher's Termination for Abandonment of Service Set Aside as Management Failed to Prove Abandonment and Absenteeism....

The petitioners, the Secretary and Headmaster of Niti Niketan Shikshan Sanstha and Niti Niketan Vidyalaya, challenged the judgment of the School Tribunal dated 10.10.2013 in Appeal No.26 of 2012. The ...

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Karnataka High Court Allows Assessee's Appeal in Income Tax Reopening and Agricultural Income Estimation Case. Reopening under Section 148 of Income Tax Act, 1961 held invalid for lack of tangible material, and Tribunal's reversal of CIT(A)'s agricultural income estimation set aside as perverse....

The appellant, Shri S L Basavaraj (HUF), an assessee, filed appeals against a common order of the Income Tax Appellate Tribunal (ITAT) dated 30 January 2009, which had allowed the Revenue's appeals fo...

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Bombay High Court Quashes FIR in Atrocities Case Due to Lack of Public View Element and Civil Dispute Nature. Alleged Caste-Based Insult Inside Police Station Not in Public View Under Section 3(1)(x) of SC/ST Act, 1989....

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.2/2012 registered at Karanja Police Station, Washim, for off...

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High Court of Bombay at Goa Quashes Attachment Warrant in NI Act Case for Non-Compliance with Section 421 CrPC Procedure. Magistrate's order to attach flat without issuing notice or following proper procedure under Section 421 of Code of Criminal Procedure, 1973 set aside....

The petitioner, Mohammed Rafic, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque and sentenced to pay compensation of Rs.4,25,000/- to the complainant,...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented....

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Milind Madhuka...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored....

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the first respo...

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High Court of Bombay at Goa Partly Allows Insurance Company's Appeal in Workmen's Compensation Case — Interest Rate Reduced from 12% to 9% p.a. The Court held that the Commissioner erred in awarding interest at 12% p.a. under Section 4A of the Workmen's Compensation Act, 1923, and reduced it to 9% p.a....

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and order dated 13/05/2010 passed by the Commissioner for Workmen's Compensation, Goa, which awarded compensation of Rs...