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Bombay High Court Directs Immediate Refund of Undisputed Income Tax Refund Under Section 168(1) of Income Tax Act, 1961 — Failure to Release Admitted Refund Despite Reminders Constitutes Arbitrary Action

The petitioner, Group M Media India Private Limited, filed a writ petition before the Bombay High Court alleging failure by the respondents (income ta...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(1) — Information Not Reduced to Writing and No Intimation to Superior Officer Before Raid. Non-Compliance with Mandatory Provision of Section 42(1) of NDPS Act Vitiates Trial and Conviction.

The case pertains to an appeal against conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellants, Mahabubi ...

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Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Compromise Cheque Dishonour Constitutes Separate Offence. Settlement of earlier cheques does not discharge liability under a fresh cheque issued as part of the compromise.

The appellant, Prabhakar Gaidhane, filed a criminal appeal against the acquittal of the respondent, Nivruti Kamdi, by the Judicial Magistrate, First C...

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High Court of Judicature at Bombay, Nagpur Bench, Adjudicates Appeal Against Conviction Under Sections 302 and 201 of Indian Penal Code. Prosecution Relied on Circumstantial Evidence of Blood Stains and Recovery of Vehicle to Link Accused to Murder.

The criminal appeal arose from the conviction of the appellant Paramjitsingh @ Kake for the murder of Jagmitsingh @ Goldi Marwa and causing disappeara...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Procedural Lapses. Non-Compliance with Rule 50 of PFA Rules Regarding Preservative Addition and Timely Dispatch of Sample to Public Analyst Leads to Acquittal.

The State of Maharashtra appealed against the judgment and order dated 23.3.2000 passed by the Judicial Magistrate, First Class, Akola, District Ahmed...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Bombay High Court Dismisses Petition of Ex-Judicial Officer Challenging Dismissal for Misconduct. Departmental inquiry found to be fair and charges proved, upholding dismissal under Rule 5 of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The petitioner, a former judicial officer, challenged his dismissal from service by an order dated 31 October 2006 passed by the Joint Secretary in th...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — No Substantial Question of Law Arises. Tribunal's concurrent findings on non-concealment of income and non-furnishing of inaccurate particulars under Section 271(1)(c) of the Income Tax Act, 1961 upheld.

The appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Bangalore,...