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Bombay High Court Quashes Criminal Proceeding for Theft of File in Caste Certificate Dispute — No Prima Facie Case Made Out Against Petitioner. Court holds that mere possession of copies of documents does not constitute theft under Section 379 IPC when the petitioner had lawful access and the original file was not taken....

The petitioner, Tanaji Honaji Date, filed a Criminal Writ Petition under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of criminal proceedin...

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High Court of Karnataka Allows Appeal on Technical Grounds in Mandatory Injunction Suit — Courts Below Failed to Frame Issues and Consider Evidence Properly Under Order 14 Rule 1 CPC. Failure to Frame Issues as Required by Order 14 Rule 1 CPC Vitiates Proceedings and Raises a Substantial Question of Law Under Section 100 CPC....

The appellant, Smt. Parvathamma, filed a suit (O.S. No.365/2007) before the II Addl. Civil Judge (Jr. Dn.) & JMFC, Shimoga, seeking a mandatory injunction to prevent the respondent, Smt. Devamma, from...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Evidence Insufficient to Establish Debt Under Section 138 of Negotiable Instruments Act, 1881....

The case involves a criminal revision petition filed by the accused, Chikkachowdappa, against his conviction under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque. The c...

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High Court of Karnataka Allows Second Appeal in Property Dispute, Setting Aside Review Order for Lack of Jurisdiction. The Appellate Court's Review of Its Own Judgment Was Without Jurisdiction as There Was No Error Apparent on the Face of the Record Under Order 47 Rule 1 CPC....

The appellants, defendants in a suit for declaration and possession, challenged the judgment of the Senior Civil Judge, Sira, who allowed a review petition and modified the earlier appellate decree. T...

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Bombay High Court Dismisses Appeal in Central Excise Interest Liability Case — No Substantial Question of Law Arises. Interest on differential duty under Section 11AB of Central Excise Act, 1944 is payable when price variation clause exists and duty is paid after price revision....

The case involves an appeal by Gammon India Ltd. (formerly Associated Transrail Structures Ltd.) against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), West Zonal Branch,...

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Bombay High Court Dismisses Petition Challenging Substitution of Accused in Section 630 Companies Act Proceedings. Continuing Offence of Unauthorized Occupation Does Not Abate on Death of Original Accused; Legal Heir Can Be Substituted....

The case involves a criminal writ petition filed by Ms. Komal Manu Sahani challenging an order of the learned Magistrate allowing substitution of the petitioner as an accused in proceedings under Sect...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process....

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Company (I) Private Limited and various other assets...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Venture Capital Fund — No Failure to Disclose Material Facts. Reopening Based on Mere Change of Opinion on Applicability of Section 10(23FB) Exemption is Invalid....

The petitioner, DHFL Venture Capital Fund, is a trust registered as a venture capital fund under SEBI (Venture Capital Fund) Regulations, 1996. It filed its return of income for Assessment Year 2008-0...