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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that mere issuance of notice is insufficient; actual receipt by the accused is required for the presumption under Section 138 of the Negotiable Instruments Act, 1881 to arise.

The applicants, partners of M/s. Megapolis Landmar LLP, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashi...

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Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

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Bombay High Court Dismisses Appeals in Property Dispute Between Education Society and Nagpur Improvement Trust — Declaration of Ownership Denied Due to Lack of Proof and Limitation. The court upheld the trial court's refusal to grant declaration but maintained the injunction against demolition.

The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagp...

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Bombay High Court Dismisses Appeal Against Winding Up Order in Company Petition — No Grounds Made Out to Interfere with Company Judge's Discretion. The Court held that the winding up order was justified as the company was unable to pay its debts and it was just and equitable to wind up the company.

The judgment pertains to an appeal filed by Reminiscent India Television Ltd against an order dated 27 July 2010 passed by the learned Company Judge i...

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Bombay High Court Orders Removal of Executors for Mismanagement of Estate in Testamentary Succession Case. Executors Invested Estate Funds in Unauthorized High-Risk Deposit with Friend's Company, Breaching Fiduciary Duty.

The case concerns a petition filed by Ramesh Jairamdas Jaising, a beneficiary under the last Will and Testament of Ms. Jaiwantiben Jairam Jaising (dec...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — No Substantial Question of Law Arises. Deduction under Section 48(1) and Section 54EC of Income Tax Act, 1961 upheld as payments to sisters and nieces were for clearing overriding title and investment in REC bonds was within time.

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT...

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Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid.

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the ...