Search Results for "notice under section 148"

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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment based on change of opinion without new tangible material is invalid.

The petitioner, an individual assessee, filed his income tax return for Assessment Year 2010-11 on 30 March 2011 declaring income of ₹1.70 Crore and...

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Bombay High Court Quashes FIRs in Multiple Cheque Bounce Cases Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. Court holds that failure to refer disputes to mediation before taking cognizance renders criminal proceedings invalid.

The Bombay High Court dealt with multiple writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Allows Concurrency of Sentences Under Section 427(2) CrPC for Prisoner Serving Life Imprisonment. Previous Sentence of Seven Years Directed to Run Concurrently with Life Sentence for Offence Committed Prior to First Conviction.

The petitioner, Kailas Shankar Navekar, was convicted in Sessions Case No. 100/2006 by the Additional Sessions Judge, Beed, for offences under Section...

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Bombay High Court Allows Writ Petition Seeking Concurrency of Sentences Under Section 427(2) CrPC for Prisoner Convicted in Two Separate Trials. Court Directs State to Treat Previous Seven-Year Sentence as Concurrent with Subsequent Life Imprisonment and Recalculate Sentence for Premature Release.

The petitioner, Kailas Shankar Navekar, was convicted in Sessions Case No. 100/2006 by the Additional Sessions Judge, Beed for offences under Sections...

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Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Loan Dispute. Court Appoints Sole Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996 Due to Respondent's Failure to Appoint Arbitrator.

The applicant, Mangal Credit and Fincorp Limited, a public limited company incorporated under the Companies Act, 1956, filed an application under Sect...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...