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Bombay High Court Grants Bail to Accused No.2 in MCOC Act Case Due to Lack of Predicate Offences and Long Incarceration. Dichotomy in Complainant's Statements and Non-Recovery of Weapon Weaken Prosecution Case.

The applicant, Gopal Radheshyam Yadav, arraigned as Accused No.2 in Crime No.I-131 of 2018 registered at Tilak Nagar Police Station, Dombivli, sought ...

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Bombay High Court Allows Relaxation of Anticipatory Bail Condition in Cheating Case Due to Petitioner's Inability to Pay. Condition of deposit of 50% of alleged amount under Section 438 CrPC held onerous and relaxed under Section 440 CrPC for daily wage earner.

The petitioner, Abhishek s/o Ashok Malve, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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Bombay High Court Remands Forest Vehicle Confiscation Case for Fresh Consideration — Appellate Court Failed to Apply Burden of Proof Under Section 61B of Indian Forest Act. Owner's claim of due diligence not properly scrutinized; matter remanded for fresh decision.

The case involves a criminal writ petition filed by the Authorized Officer/Assistant Conservator of Forest and others against the judgment of the Adho...

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Bombay High Court Quashes FIR in Loan Dispute — Civil Nature of Transaction Precludes Criminal Offences Under Sections 420, 467, 468, 471 IPC Read with 120-B. Blank Cheques Given as Security Do Not Attract Forgery or Cheating Charges.

The applicants, Rajendra Ramlal Jaiswal, Ravindra Ramlal Jaiswal, and Omkumar Shamsundar Jaiswal, filed a criminal application under Section 482 of th...

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Bombay High Court Quashes Stay Order in Income Tax Dispute — Directs Fresh Consideration of Stay Application on Merits. Revenue directed to pass a reasoned order on the stay application after hearing the assessee, considering the strong prima facie case and financial hardship.

The petitioner, HDFC Bank Limited, challenged an order dated 18 March 2013 passed by the Assistant Commissioner of Income Tax - 2(3), Mumbai, which di...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Karnataka High Court Adjudicates Classification of Electrical Insulated Press Board Under Third Schedule of KVAT Act, 2003. Assessee's Claim for Lower Tax Rate as 'Paper' is Examined Under Common Parlance and Trade Parlance Tests.

The assessee, a registered dealer under the CST Act and KVAT Act, manufactured and sold Electrical Insulated Press Board (High Density Board) used in ...