Search Results for "Section 47(3)"

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High Court of Karnataka Dismisses Revision Petition in Defamation Case — Rejects Application for Production of Mobile Handset as Electronic Evidence. Court holds that Section 391(2) Cr.P.C. cannot be used to compel production of evidence at appellate stage without showing prejudice or tampering.

The case arises from a criminal revision petition filed by Sri G.M. Kumar (petitioner) against Sri Kishan Hegde (respondent) in a defamation matter. T...

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Bombay High Court Allows Minor's Petition for Termination of Pregnancy in Case of Sexual Assault and Economic Hardship. Right to Reproductive Autonomy Upheld Under Article 21 and Medical Termination of Pregnancy Act, 1971.

The petitioner, a minor girl, was a child in conflict with law lodged at the Government Girls Observation Home, Amravati, for an offence under Section...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Notice under Section 148 of Income Tax Act, 1961 for reassessment of derivative transaction loss set aside as Assessing Officer had already examined the issue during original assessment.

The petitioner, Shrikant Phulchand Bhakkad (HUF), through its Karta, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Quashes Stay on Bail Order in NIA Case — Special Judge Cannot Stay Own Bail Order Under Section 309(1) CrPC. The court held that the power to grant bail does not include the power to stay the bail order, and Section 309(1) CrPC does not authorize such a stay.

The petitioner, Naresh Ramniklal Gaur, was granted bail on 20th November 2021 by the Special Court at Greater Bombay in NIA Special Case No. 1090/2021...

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Bombay High Court Allows Appeal of Convict in Murder Case Due to Benefit of Doubt on Insanity Plea. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Mens Rea Beyond Reasonable Doubt.

The appellant, Ramchandra Shenfadu Patil, was convicted by the Additional Sessions Judge, Amalner in Sessions Case No.26/2009 for the murder of his mo...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought After Trial Commenced Without Showing Due Diligence. Order VI Rule 17 CPC Proviso Bars Amendment After Trial Commences Unless Due Diligence is Shown.

The petitioner, Chandrashekhar Pandurang Tumsare, was the defendant in a civil suit. He filed an application under Order VI Rule 17 of the Code of Civ...

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Bombay High Court Dismisses Appeal in Section 9 Arbitration Application Due to Lack of Party Identity with Arbitration Agreement. Joint Venture Agreement's Arbitration Clause Does Not Bind Non-Signatory Respondents as They Are Not Parties to the Agreement.

The appeal was filed against the judgment and order dated 2 July 2014 of the learned Single Judge in Arbitration Petition No.66 of 2014, which dismiss...

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High Court of Karnataka Allows Appeal in Income Tax Case — Assessee Engaged in Manufacture of Air-Conditioning Systems Entitled to Section 80IA Deduction. The process of designing, manufacturing ducting, and installing air-conditioning systems constitutes manufacture under the Income Tax Act, 1961.

The appeal was filed by M/s Koolnest Pvt. Ltd., the assessee, challenging the order of the Income Tax Appellate Tribunal (ITAT) which held that the as...