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Bombay High Court Dismisses Accused's Revision Against Process Issued Under Section 138 NI Act — Cheque Dishonour Case Based on Loan Transaction. The court upheld the Magistrate's order issuing process as the complaint disclosed a prima facie case under Section 138 of the Negotiable Instruments Act, 1881....

The applicant, Nitesh Jayantilal Jain, was the original accused in a complaint filed by respondent No.2, Hasmukh Kanji Gala, under Section 138 of the Negotiable Instruments Act, 1881. The complainant ...

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Bombay High Court Allows Appeal in Property Injunction Case — Appellants Entitled to Temporary Injunction Against Respondents. Court holds that a co-owner in exclusive possession of joint property cannot be dispossessed except by due process of law, and that the trial court erred in refusing injunction based on disputed title....

The appellants, Smt. Laxmibai Ramkrishna Pate and Shri Deepak Ramkrishna Pate, filed an appeal against an order of the learned Civil Judge, Senior Division, Pune, rejecting their applications (Exhibit...

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Bombay High Court Upholds Release of Seized Bullocks to Owner in Cruelty Case — Magistrate's Order Under Section 457 CrPC for Interim Custody on Bond Upheld. The court found no illegality in the Magistrate's order releasing 29 bullocks seized under Prevention of Cruelty to Animals Act and Maharashtra Animal Preservation Act, subject to conditions....

The petitioner, Shaikh Zakir Shaikh Nasir, a businessman dealing in sale and purchase of animals, had 29 bullocks seized by Sindkheda Police Station on 13.11.2009 under CR No.19/2009 for alleged offen...

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Bombay High Court Acquits Tax Collector in Corruption Case Due to Hostile Complainant and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole reliance on panch witness testimony was insufficient....

The appellant, Suresh son of Ramaji Pandav, a Tax Collector with the Nagpur Municipal Corporation, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Section 13(2) o...

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Bombay High Court Allows Filing of Written Statement to Counterclaim Beyond 90 Days — Condonation of Delay Granted Due to Court Vacations and Lack of Objection. Order 8 Rule 6A CPC does not prescribe a specific period for filing written statement to counterclaim; the period of 90 days under Order 8 Rule 1 CPC is directory and not mandatory....

The petitioners, who are the plaintiffs in Regular Civil Suit No.177/2007/A, challenged the order dated 20-8-2009 of the learned Civil Judge, Senior Division, Mapusa, which disallowed them from filing...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission's Power to Levy Interest Under Section 234B When No Interest Was Charged in Original Assessment. Interest under Section 234B(4) can only be increased or reduced if it was initially chargeable under the original assessment order....

The petitioner, Akbar Travels of India Pvt. Ltd., an IATA approved travel agent and money changer, filed returns for Assessment Years 2002-03 to 2006-07. For some years, the returns were accepted unde...

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Bombay High Court Allows Tenant's Writ Petition in Rent Control Eviction Suit Due to Limitation Bar. Suit for possession under Section 13(1)(l) of Bombay Rent Act filed 12 years after tenant acquired alternate accommodation held time-barred under Article 67 of Limitation Act, 1963....

The case involves a dispute between landlords (respondents) and tenants (petitioners) over eviction from suit premises. The respondents, owners of the property, let out four rooms on the first floor t...

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Bombay High Court Allows Set-off Claim in Sales Tax Reference, Holding Conversion of Raw Tobacco into Chewing Tobacco Constitutes Manufacture. The process of converting raw tobacco into Jarda results in a distinct product, qualifying as manufacture under Section 2(17) of the Bombay Sales Tax Act, 1959, entitling the applicant to set-off on packing materials....

The applicant, M/s R.K. Patel & Company, a partnership firm engaged in the manufacture and sale of chewing tobacco (Jarda) from raw tobacco, was assessed by the Sales Tax Officer, Jalgaon, who disallo...