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Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

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High Court of Karnataka partly allowed Criminal Petition Challenging Arrest and Remand of Foreign Nationals in NDPS Case - Illegality in not providing grounds of arrest in the language known to the petitioners

The High Court of Karnataka at Bengaluru heard a criminal petition filed by two Nigerian citizens challenging their arrest and remand in a narcotics c...

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Supreme Court Stays SIT Formation in Custodial Death Case — Interim Relief Granted Pending Hearing. Court restrains implementation of High Court's direction for Special Investigation Team and stays further proceedings in related writ petitions seeking CBI investigation.

The Supreme Court was hearing a batch of petitions arising from a custodial death incident in Tamil Nadu. The Madras High Court had directed the forma...

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Bombay High Court Quashes Reassessment Order for Violation of Mandatory Procedure Under Section 144B of Income Tax Act, 1961. Failure to Provide Personal Hearing and Proper Opportunity to Respond Renders Assessment Order a Nullity.

The petitioner, Madhuri Sameer Gokhale, an individual homemaker, challenged the reassessment order dated 29 March 2022 passed by the National Faceless...

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Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

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Bombay High Court Quashes Assessment Order for Breach of Natural Justice in Faceless Assessment - Seven-Day SOP Violated. Income Tax Assessment under Section 144B Set Aside Due to Insufficient Time to Respond to Show Cause Notice.

The petitioner, Cheftalk Food and Hospitality Services Pvt. Ltd., challenged an Assessment Order dated 27 March 2024 passed under Section 144 read wit...

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High Court of Karnataka Dismisses PIL Challenging SOP for Physical Hearing During COVID-19 Pandemic — Court Holds That Administrative Decisions During Extraordinary Circumstances Are Not Subject to Judicial Review Unless Arbitrary or Malafide

The petitioner, Sri Rajadithya Sadasivan, an advocate with 14 years of standing, filed a Public Interest Litigation under Articles 226 and 227 of the ...