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Bombay High Court Quashes Criminal Proceedings for Possession of Gutka for Sale Under Section 273 IPC — Gutka Not an Article of Food. Possession of Gutka for sale does not constitute an offence under Section 273 IPC as Gutka is not an article of food under the Prevention of Food Adulteration Act, 1954....

The case involves two criminal writ petitions filed by the petitioners, who were accused of possessing Gutka for sale, which was alleged to be an offence under Section 273 of the Indian Penal Code (IP...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction based solely on circumstantial evidence and last seen theory set aside as prosecution failed to establish chain of circumstances....

The appellant, Suresh Narayan Dakhore, was convicted by the Adhoc Additional Sessions Judge, Washim, for the murder of Laxman Ramkrushna Naik and sentenced to life imprisonment. The case arose from an...

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Bombay High Court Allows Workman to be Represented by Lawyer in Domestic Enquiry When Presenting Officer is Legally Trained and Facts are Complex. The court held that under Section 30(2) of MRTU & PULP Act, a workman is entitled to legal representation if the presenting officer is legally trained and the facts are not simple....

The Petitioner, an employee of Respondent No.1 since 1979, was served a charge-sheet on 8th July 2009 for alleged misbehavior and threats to an officer on 16th June 2009. The Petitioner sought interim...

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Bombay High Court Dismisses Revenue's Appeal in Section 263 Revision Case — ITAT Order Setting Aside CIT's Revision Upheld. The court held that the Revenue failed to show any perversity or error of law in the ITAT's order setting aside the CIT's revision under Section 263 of the Income Tax Act, 1961, regarding deduction under Section 80IA(4)....

The appeal was filed by the Commissioner of Income Tax (Revenue) against an order of the Income Tax Appellate Tribunal (ITAT) dated 27th February 2009, which set aside the Commissioner's order under S...

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Bombay High Court Remands Penalty Matter in Block Assessment Case for Lack of Considered Decision by ITAT. Penalty under Section 158BFA(2) of Income Tax Act, 1961 set aside without proper application of mind; non-payment of tax on block return was a relevant factor....

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) dated 4th April 2008, which set aside a penalty imposed under Section 158BFA(...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Minister's Order Directing Grant of TDR in Lieu of Reservation. Landowners Entitled to Transferable Development Rights Under MRTP Act After Finalization of Town Planning Scheme....

The judgment involves two writ petitions: one by the Municipal Corporation of Greater Mumbai (Corporation) challenging the order of the Minister for Urban Development dated 29.4.1998 directing the Cor...

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High Court of Bombay at Aurangabad Quashes Revenue Tribunal Order Restoring Land to Landlord Under Section 32P of BT&AL Act for Laches and Changed Ceiling Act. Tenant's ineligibility to purchase land must be assessed at the time of proceedings under Section 32P, not at the time of earlier 1959 dismissal, and delay of 28 years bars restoration....

The dispute concerned two parcels of agricultural land in village Walunj, Ahmednagar district, held by Shripati Kanhu Bankar as a tenant from the Tillers' Day (1 April 1957) under the Bombay Tenancy a...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by registered post is mandatory and cannot be substituted by mere acknowledgment of receipt by the complainant....

The petitioners, eight individuals including Sahednnisa and others, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedur...