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Bombay High Court Dismisses Appeal Against Prohibitory Order Under Regulation 21 of CHALR, 2004 — No Appeal Lies to CESTAT. Regulation 22(8) of CHALR, 2004 is Not Ultra Vires the Customs Act, 1962.

The appeal arises from a decision of the CESTAT dated 2 January 2013, which held that an appeal is not maintainable against an order passed under Regu...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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Bombay High Court Dismisses Petition Challenging Publication of Name on Website of Beneficiary Dealers in Hawala Transactions Case. Input Tax Credit Claim Based on Bogus Invoices from Fictitious Vendors Justifies Revenue's Action Under MVAT Act.

The petitioner, M/s Timex Art Décor Pvt. Limited, a registered dealer in plywood and decorative laminates, filed Modvat returns for 2008-09 and 2009-...

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Bombay High Court Dismisses Appeal by NCB in NDPS Case Due to Lack of Evidence of Conspiracy. Control delivery and recovery of narcotics from parcels not sufficient to prove accused's involvement under Sections 29, 22, 23, 28, 8(c) of NDPS Act and Section 135(1)(a)(II) of Customs Act.

The case pertains to an appeal filed by the Intelligence Officer of the Narcotics Control Bureau (NCB) against the judgment of the Special Judge for G...

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Bombay High Court Grants Bail to Police Officer in MCOCA Case for Lack of Sanction and Prima Facie Evidence of Organised Crime. The court held that the absence of valid sanction under Section 23(2) of MCOCA and failure to establish a prima facie case of organised crime entitled the applicant to bail.

The applicant, Anil Murlidhar Deshmukh, a police officer, was arrested on 8th October 2004 in connection with a case registered under various sections...

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Bombay High Court Acquits Accused in Dowry Death and Murder Case Due to Lack of Evidence of Dowry Demand and Unreliable Dying Declaration. Conviction under Sections 498-A, 304-B, and 302 IPC set aside as prosecution failed to prove demand of dowry or homicidal death.

The appellant, Vilas Ananda Vandre, was convicted by the IIIrd Additional Sessions Judge, Kolhapur, for offences under Sections 498-A, 304-B, and 302 ...

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Bombay High Court Dismisses Revenue's Appeal in Customs Confiscation Case — Goods Not Liable for Confiscation Under Section 111(d) or 111(m) of Customs Act, 1962. Supplier's Innocent Involvement and Lack of Misdeclaration by Respondent Lead to Dismissal.

The case involves two appeals filed by the Commissioner of Customs & Central Excise, Goa, under Section 130 of the Customs Act, 1962, against a common...

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Bombay High Court Dismisses PIL Seeking Inquiry into NCDC Loan Scheme for Powerloom Societies — No Public Interest Element Established as Petitioner Failed to Show Any Personal Injury or Violation of Statutory Duty.

The petitioner, Arun Mahadev Jadhav, described himself as a citizen who believed that government funds should not be misappropriated. He filed a writ ...