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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Penalty Case. Journal Entry Set-off for Loan Repayment Does Not Violate Section 269T of Income Tax Act, 1961, as It Is Not a Repayment but an Adjustment of Mutual Claims.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted the penalty ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case for Lack of Territorial Jurisdiction. Court holds that the offence under Section 138 of the Negotiable Instruments Act, 1881 is committed at the place where the cheque is presented and dishonoured, not where the cheque is drawn or the notice is served.

The petitioner, Jagdish Khodke, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of Criminal Case No. 15...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Representation to Advisory Board. Failure to Forward Detenu's Representation to Advisory Board Violates Article 22(5) of Constitution and Section 10 of MPDA Act.

The petitioner, Rupesh Ram Thakur, challenged an order of detention dated 17 October 2017 passed under Section 3 of the Maharashtra Prevention of Dang...

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Supreme Court Quashes Criminal Proceedings Against ISKCON Leaders in Bus Theft Case — Lack of Prima Facie Evidence for Forgery and Criminal Breach of Trust. Dispute over ownership of a bus transferred with consent of branch president is civil in nature, not criminal.

The Supreme Court allowed the appeals filed by Chanchalpati Das and Madhu Pandit Das, both senior leaders of ISKCON, Bengaluru, against the common jud...

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Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With. Court held that the second appellate court cannot reappreciate evidence and interfere with concurrent findings of fact unless perverse or based on no evidence.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court which reversed the tri...