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Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC.

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, K...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Section 9 Petition Seeking Garnishee Order Against Third Party in Arbitral Proceedings. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a non-signatory to the arbitration agreement without a prima facie case of liability.

The petitioner, Jatin Keshruwala, sole proprietor of Janvi Production, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case — Lack of Reasonable Belief of Income Escaping Assessment. Reopening Based on Change of Opinion Without Fresh Material Held Invalid Under Section 147 of the Income Tax Act, 1961.

The petitioner, M/s. Bharat Bijlee Limited, challenged a notice dated 12.10.2012 issued under Section 148 of the Income Tax Act, 1961, and an order di...

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Bombay High Court Allows Complainant's Revision in Cheating and Forgery Case — Restores Magistrate's Order Issuing Process. Held that the Sessions Court erred in quashing process at the initial stage as there was a prima facie case under Sections 420, 465, 467, 471, 403 read with 120B IPC.

The case involves a Criminal Revision Application filed by the original complainant, Rajeev Sawhney, challenging an order dated 13.8.2008 passed by th...