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High Court Quashes Complaint in Cheque Dishonour Case Due to Non-Existent Debt — Loan Allegedly Advanced in 1996 Not Legally Recoverable as Time-Barred Debt Under Section 138 of Negotiable Instruments Act, 1881...

The petitioner, accused in C.C. No.35622/2010 for an offence under Section 138 of the Negotiable Instruments Act, 1881, filed a petition under Section 482 Cr.P.C. to quash the proceedings. The respond...

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Bombay High Court Dismisses Petition Challenging Setting Aside of Sarpanch Election Due to Procedural Violation. Election by show of hands after demand for secret ballot under Rule 10 of Bombay Village Panchayats (Sarpanch and Upsarpanch) Election Rules, 1964 is void....

The petitioner, Sau. Kalpana w/o Laxman Bhujbal, was elected as Sarpanch of Gram Panchayat Mategaon on 29.8.2010. During the meeting, after a majority voted by show of hands in her favour, respondent ...

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Bombay High Court Dismisses Petition Challenging Reinstatement of Teacher Terminated for Non-Production of Caste Validity Certificate. Termination Set Aside as No Fraud or Fabrication of Caste Certificate Was Alleged, Relying on Government Resolution Dated 07.12.1994....

The petitioners, a educational society and its school, challenged the judgment and order dated 27.09.2013 passed by the School Tribunal, Amravati Division, in Appeal No.66/2012. The Tribunal had allow...

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High Court of Bombay at Goa Dismisses Appeal by Complainant in Cheque Bounce Case — Acquittal Upheld as Loan for Illegal Chit Fund Business Not Legally Enforceable. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused on Preponderance of Probabilities....

The appellant, Rajendra Pangam, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Paresh B. Naik, alleging that the respondent had issued two cheques ...

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Bombay High Court Allows Appeal in Income Tax Case on Non-Compete Fee — Amount Received for Non-Compete Agreement Not Taxable as Business Income Under Section 28(va) of Income Tax Act, 1961 When Assessee Not Carrying on Business in Relevant Year. Non-Compete Fee is Capital Receipt, Not Business Income, and Not Taxable as Capital Gains as No Transfer of Capital Asset....

The case involves two appeals by Arun Toshniwal and Anurag A. Toshniwal against the order of the Income Tax Appellate Tribunal (ITAT) which held that amounts received by them under non-compete and non...

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Bombay High Court Allows Customs Appeals in DEPB Overvaluation Case — Finds No Evidence of Overvaluation or Fraud. Revenue's reliance on market enquiry and statements of third parties insufficient to prove that exported automobile parts were overvalued for DEPB benefits under Customs Act, 1962....

The appellant, M/s Advance Netways Marketing Pvt. Ltd., was an exporter of automobile parts such as door bidding, fuel pump fitting, front suspension bush, oil seal, etc., and availed export benefits ...

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Bombay High Court Upholds Disqualification of Councilor Under Maharashtra Local Authority Members Disqualification Act, 1986 for Joining Rival Party. Newspaper Reports of Joining Shiv Sena Constitute Sufficient Evidence of Voluntarily Giving Up Membership Under Section 3(1)(a) of the Act....

The Petitioner, Mahesh Vishnupant Kothe, was a councilor of the Solapur Municipal Corporation elected in 2012 on an Indian National Congress ticket. He was appointed as house leader of the Congress mu...

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Bombay High Court Upholds Trial Court's Pecuniary Jurisdiction in Property Suit — Valuation Based on Market Value Determines Forum. Suit for Declaration and Injunction Over Non-Agricultural Property Must Be Valued Under Section 6 of Bombay Court Fees Act, 1959; Plaintiffs Directed to Pay Deficit Court Fees....

The case involves a challenge to an order dated 28 October 2014 passed by the 16th Joint Civil Judge, Junior Division, Pune, which held that the court had pecuniary jurisdiction to try Regular Civil S...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Interest on Government Grants Held as Additional Grant, Not Taxable Income. Interest earned on grants kept in fixed deposits pending utilization is not income from other sources but part of the grant itself....

The Revenue (Commissioner of Income Tax and Assistant Commissioner of Income Tax) appealed against the order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 20.12.2013, which had allowed...

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High Court of Karnataka Grants Anticipatory Bail to Accused in Human Trafficking and Child Labour Case — Petitioners Entitled to Bail as They Are Not Required for Custodial Investigation and Have No Criminal Antecedents....

The petitioners, accused Nos. 1 and 2 in Crime No. 288/2014 registered at Chamarajpet Police Station, Bangalore, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anti...