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Bombay High Court Dismisses Writ Petition Challenging CESTAT Order Rejecting Recall of Fraud Finding in CENVAT Credit Case. Court holds that CESTAT's finding of mis-statement and fraud was not a reviewable error and that the Tribunal had inherent power to impose costs for abuse of process.

The petitioner, Essel Propack Limited, a company engaged in manufacturing plastic tubes, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Grants Bail to IRS Officer in PMLA Case Due to Unsigned Predicate FIR and Lack of Chargesheet. The court held that an unsigned FIR in the predicate offence vitiates the ECIR and arrest, and continued detention without trial violates Article 21.

The applicant, Sachin Balasaheb Sawant, an IRS officer, was arrested on 27 June 2023 by the Enforcement Directorate (ED) in connection with ECIR No. E...

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Supreme Court Acquits Appellants in Murder Case, Setting Aside High Court’s Reversal of Trial Court Acquittal. Conviction Based on Presumption of Presence and Circumstantial Evidence Held Insufficient to Prove Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The present criminal appeal arose out of a murder case involving a property dispute. The deceased, Shakeel ur Rehman, had entered into a sale agreemen...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Reliance on Inadmissible Section 67 Statements. Conviction for Possession of Heroin Set Aside as Mandatory Safeguards Were Not Followed and Confessional Statements Were Inadmissible Under Tofan Singh.

The Supreme Court allowed the appeals of Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan against their conviction under the Narcotic Dru...

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High Court of Karnataka Acquits Accused in Murder Case Based on Circumstantial Evidence Due to Lack of Conclusive Proof. Conviction under Sections 302, 201 r/w 34 IPC set aside as prosecution failed to establish chain of circumstances beyond reasonable doubt.

The case involves two appeals: Criminal Appeal No.100180/2021 filed by the State of Karnataka under Section 377(1)(b) CrPC seeking enhancement of sent...

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Bombay High Court Upholds Will in Property Dispute Between Heirs and Legatee. Will dated 7.1.1997 executed by Joao Francisco Lobo in favour of plaintiff No.1 held valid, dismissing appeals by both parties.

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally belonging to Joao Francisco Lobo and his wife. Joao Fra...

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Bombay High Court Acquits Accused in Murder Case Based on Inconsistent Eyewitness Testimony and Lack of Common Intention. Conviction Under Section 302 read with Section 34 IPC Set Aside as Prosecution Failed to Prove Motive, and Omissions in FIR and Innocent Early Statements Discredited the Case.

The case arose from the murder of Uday, a 24‑year‑old son of PW1 Ram Choudhary, a prominent BJP politician and former Mayor of Mudkhed Municipal C...

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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Gujarat High Court Upholds Conviction for Murder in Hired Car Driver Stabbing Case — Circumstantial Evidence Sufficient to Prove Guilt Beyond Reasonable Doubt. The court held that the last seen theory, recovery of weapon, and motive established the guilt of the accused under Section 302 IPC.

The appellant, Sandipkumar Sureshbhai Patel, was convicted under Section 302 IPC for the murder of Mazharkhan Saidkhan Pathan, a driver of an Innova c...