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Bombay High Court Grants Anticipatory Bail to Accused in Bank Fraud Case Due to Cooperation and No Custodial Interrogation Required. Petitioners Allegedly Induced Bank to Sanction Loans Based on Forged Documents, but Court Found No Need for Custody as Documents Already Seized and Petitioners Cooperated....

The petitioners, Rudhir Sareen, Saurav Vinay Jain, and Kamlesh Hari Kochra, filed separate writ petitions under Article 226 of the Constitution of India read with Section 438 of the Code of Criminal P...

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High Court Quashes Criminal Proceedings in C.C.No.260/2018 for Offence Under Section 304-A IPC — Parallel Proceedings Cannot Continue for Same Incident. The court held that parallel proceedings for the same incident cannot continue, following the principle laid down in Ananthakumar vs. State of Karnataka, AIR Online 2019 KAR 565....

The petitioners, G.V. Prasad and Balasubramaniam, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (old) and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2...

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  • 340
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High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship....

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru, which dismissed the suit for partition as not ma...

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  • 87
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Bombay High Court Dismisses Writ Petition Challenging MSME Council Award for Lack of Jurisdiction — Alternative Remedy Under Section 34 of Arbitration Act Available. Petitioner's Challenge to Award Under Section 18 of MSMED Act Rejected as Court Finds No Exceptional Circumstances to Bypass Statutory Appeal Remedy....

The petitioner, M/s. Duro Shox Pvt. Ltd., a private limited company, challenged an award dated 02.02.2024 passed by the Micro and Small Enterprises Facilitation Council, Aurangabad (respondent no.2) u...

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  • 696
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Court Directs Expeditious Processing of Bill of Entry for Re-Imported Goods Amid Delays. Petitioner's Bill of Entry for Re-Imported Medicaments to Be Processed Within Four Weeks, Monetary Claim to Be Addressed Separately....

The court addressed the petitioner's grievance regarding the delayed processing of his Bill of Entry for re-imported medicaments, which led to the expiration of some goods' shelf-life. The court direc...

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  • 345
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Bombay High Court Sets Aside Refund Rejection Orders for Non-Compliance with Rule 92(3) of CGST Rules, 2017 — Matter Remanded for Fresh Consideration After Issuance of Show Cause Notice and Hearing. The court held that rejection of refund claims without following the mandatory procedure under Rule 92(3) of the CGST Rules, 2017, including issuance of show cause notice and opportunity of hearing, is unsustainable....

The petitioner, Haren Textiles Private Limited, applied for refunds under the CGST Act. The Deputy Commissioner of State Tax, Mumbai, passed orders granting refunds for some periods and rejecting them...

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  • 750
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Bombay High Court Disposes of Writ Petition in GST Transition Credit Matter, Directs Appeal to Be Considered on Merits. Amendment to Section 140(7) of CGST Act by Finance (No.2) Act, 2024 with retrospective effect addresses the main issue, relegating petitioner to appellate remedy....

The petitioner, M/s. Lekar Pharma Limited, filed a writ petition challenging an Order-in-Original dated 27 February 2023 passed by the Joint Commissioner Central GST & C.Ex. The main issue raised in t...

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  • 311
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Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings....

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, Pune dated 7 May 2004 and the Industrial Court, Pu...

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Bombay High Court Dismisses Revision Against Copyright Infringement Prosecution — Registration of Copyright Not Mandatory for Criminal Action Under Copyright Act, 1957. Court holds that prior registration under Section 44 is not a prerequisite for launching prosecution under Sections 63, 63B, and 65 of the Copyright Act, 1957....

The case involves a criminal revision application filed by Dattatray Bapu Dighe challenging the framing of charges against him for alleged copyright infringement. The applicant was found in possession...

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"Conviction Upheld but Applicant Released on Probation Due to Health Concerns" Conviction under the Prevention of Food Adulteration Act sustained; the applicant, facing deteriorating health, is granted probation under the Probation of Offenders Act....

The applicant, convicted under Section 7(i) read with Section 16 of the Prevention of Food Adulteration Act, 1954, sought revision of his sentence. Both the Judicial Magistrate and the Additional Sess...

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