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Bombay High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act Due to Unexplained Delay in Deciding Representation. Violation of Article 22(5) of the Constitution of India renders detention order invalid.

The petitioner, father of the detenu Chirag D. Shah, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging a preven...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Bombay High Court Allows Revision Petition Against Rejection of Section 264 Application for FBT Refund. Intimation under Section 143(1) of the Income Tax Act, 1961 is an assessment order for the purpose of revision under Section 264.

The petitioner, Hindalco Industries Limited, filed a writ petition challenging an order dated 6 March 2019 passed by the Principal Chief Commissioner ...

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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...