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Bombay High Court Dismisses Petition Challenging Corrigendum to Final Development Plan. Corrigendum Restoring Botanical Garden Reservation Upheld as Permissible Rectification of Error Without Fresh Notification Under MRTP Act.

The petitioner, Housilal Balchand Shah, owned land in survey no. 34 at Anand Valli, Nasik. In the draft development plan under the Maharashtra Regiona...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Acquits Appellants in Corruption Case Due to Lack of Proof of Demand and Acceptance. Conviction under Prevention of Corruption Act, 1988 set aside as prosecution failed to establish essential ingredients.

The case involves two appeals against the judgment of the Special Court, Khamgaon, convicting the appellants under Sections 7, 13(1)(d) read with Sect...

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Bombay High Court Quashes Criminal Complaint in Drugs and Cosmetics Act Case Due to Violation of Statutory Right Under Section 25(4) — Delay in Filing Complaint After Expiry of Shelf Life Deprives Accused of Right to Get Sample Tested from Central Drugs Laboratory.

The petitioners, a pharmaceutical company and its directors/employees, were accused in a criminal complaint filed by the Drug Inspector under the Drug...

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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...

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LETTER PATENT APPEAL NO. 449 OF 2004

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...