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Bombay High Court Dismisses State Appeal Against Acquittal in Electricity Theft Case Due to Lack of Evidence. Theft of Energy Allegation Fails as Prosecution Did Not Prove Tampering or Unauthorized Use Beyond Reasonable Doubt Under Sections 39 and 44 of the Indian Electricity Act, 1910.

The State of Maharashtra appealed against the acquittal of Girish Shankarlal Ostawal and Dilip Shankarlal Ostawal by the Judicial Magistrate First Cla...

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Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

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Bombay High Court Dismisses Review Application by Vidarbha Cricket Association in Pension Dispute. Writ Petition Maintainable Against Society Performing Public Functions Under Article 226 of Constitution of India.

The judgment concerns a Miscellaneous Civil Application filed by Vidarbha Cricket Association (VCA) seeking recall/review of an order dated 09.08.2012...

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Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

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Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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High Court of Judicature at Bombay Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Stands Unless Rebutted by Accused. Failure to Rebut Presumption of Legally Enforceable Debt Leads to Conviction Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for d...

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"Deputy Commissioner Cannot Exceed Revisional Jurisdiction Under Karnataka Municipalities Act – Karnataka High Court Quashes Building Licence and Khata Cancellation Orders for Violation of Natural Justice"

The petitioner challenged the orders dated 27.11.2013 and 02.08.2017 whereby the building licence granted in respect of the subject property was cance...