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High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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High Court of Karnataka Allows Appeal Against Pre-Deposit Condition in Central Excise Remand Order — Condition of Rs.40 Lakhs Deposit Set Aside as Unwarranted. CESTAT Cannot Impose Pre-Deposit Condition While Remanding Matter for De Novo Adjudication Under Central Excise Act, 1944.

The appellant, M/s Dhariwal Industries Limited, a manufacturer of Panmasala and Gutka registered under the Central Excise Act, 1944, was issued a show...

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High Court Quashes Proceedings Against Media Company in Cable TV Act Offences Following Decriminalization. Cognizance Taken Under Section 5/16 of Cable Television Networks (Regulation) Act, 1995 Set Aside as Amendment Removed Criminal Penalty, Making Offence Civil.

The petitioners, a television news company and its correspondents, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking ...

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Bombay High Court Allows State Government's Petitions Challenging Industrial Court Order Granting Permanency to Temporary Employees in Government Hospitals. Back Door Entry Without Selection Process Disqualifies Claim for Regularisation Under MRTU & PULP Act.

The State Government filed eight petitions challenging a common judgment of the Industrial Court, Satara, which had directed continuation of services ...

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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable.

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Mahar...

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Bombay High Court Quashes Reassessment Notice for TCS in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 invalid as reasons recorded were based on same material considered during original assessment, constituting mere change of opinion.

The petitioner, Tata Consultancy Services Ltd., challenged a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 seeking...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

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High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Ashwin Chintaman Shambharkar, was convicted by the Special Judge, Nagpur in Special Case No. 18 of 1997 for offences under Section 7 an...