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High Court of Judicature at Bombay Dismisses Insolvency Petition Under Presidency-Towns Insolvency Act, 1909 — Debtor Fails to Prove Inability to Pay Debts as Maintenance Order Under Hindu Marriage Act, 1955 Does Not Constitute a Debt Under Insolvency Act

The petitioner, Mehul Jagdish Trivedi, filed an insolvency petition under Section 14 of the Presidency-Towns Insolvency Act, 1909, seeking to be decla...

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Bombay High Court Allows Writ Petition Challenging CBEC Circular on Brand Rate of Drawback. Court holds that an exporter can claim Brand Rate of drawback under Rule 7 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 even after availing All Industry Rate under Rule 3.

The petitioner, Alfa Laval (India) Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Circular dated 30th Decemb...

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Bombay High Court Upholds Conviction of Appellant in Trafficking of Minor Bangladeshi Girl for Prostitution Case. Testimony of Victim Found Credible and Corroborated by Medical Evidence and Circumstances Under Sections 366-A IPC, 4 and 5 of PITA, and Section 8(9) of Goa Children's Act.

The case involves an appeal against conviction of Smt. Anju Shah for offences under Sections 342, 323, 366-A of the Indian Penal Code, Sections 4 and ...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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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 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 Upholds Conviction of Accused Under Section 122 IPC for Preparation to Wage War Against Government of India. Possession of Arms Without Licence Under Arms Act Also Upheld.

The appellants, Javed @ Java Ahmed Mohammed Akbar Bhatt and others, were convicted by the trial court under Section 122 of the Indian Penal Code (IPC)...

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Bombay High Court Quashes Criminal Proceedings Against Journalists in Defamation Cases for Lack of Sanction Under Section 197 CrPC. Proceedings under Sections 499, 500 IPC and Section 292 IPC Quashed as Sanction Required for Public Servants Acting in Discharge of Official Duty.

The judgment involves three criminal writ petitions filed by seven petitioners, who are employees of a newspaper, seeking quashing of criminal proceed...