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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Evidence. Acquittal of Accused No. 4 Under Sections 302, 506(2) IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment dated 12.03.2003 passed by t...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Testimony. The court upheld the acquittal as the prosecution failed to prove its case beyond reasonable doubt, with the sole eye-witness's testimony being inconsistent and uncorroborated by medical evidence.

The present appeal was preferred by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Exemption Case. Assessee Held Eligible for Exemption Under Section 10(20A) as Development Authority and Business Commenced in Relevant Year.

The appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal dated ...

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Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...