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Bombay High Court Partly Allows Quashing Petition in Extortion Case — MCOCA Approval Set Aside for Lack of Application of Mind. FIR under Section 387 IPC Upheld as Prima Facie Case Exists, but Sanction Under Section 23(1) MCOCA Quashed as Mechanical and Without Proper Satisfaction.

The Applicant, Hemant Dhirajlal Banker, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.303/...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Failure to Consider Petitioner's Release on Bail in Criminal Case Rendered Detention Order Invalid.

The petitioner, Nasir Ismail Mujavar, challenged a detention order dated 3 February 2012 passed by the Commissioner of Police, Mumbai, under the Mahar...

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Bombay High Court Quashes Section 420/511 IPC Charges in Money Lending Case Due to Absence of Deception. Default in Loan Repayment Does Not Constitute Cheating Under IPC When Initial Intention to Repay Existed.

The petitioner, Ramesh Babulal Chaudhari, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) seeking quashing of FIR No. 3...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts.

The petitioner, Nivi Trading Limited, a private limited company, filed its return of income for Assessment Year 2010-11 on 15th September 2010 declari...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Quashes Removal Order in Disciplinary Matter Due to Non-Application of Mind by Disciplinary Authority. Disciplinary Authority's Disagreement with Enquiry Officer's Findings Without Proper Reappreciation of Evidence Rendered Punishment Invalid.

The petitioner, Dhirendra Kumar Pannalal Dixit, a post-graduate in Power Engineering, was appointed as a Lecturer at Visvesvaraya Regional College of ...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...