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Court Overturns Conviction Under Incorrect Section of Corruption Act. Appeal Allowed; Case Remanded for Correct Charges and Fresh Proceedings

The trial court convicted the accused under Section 8 of the Prevention of Corruption Act, 1988. However, the defense argued that Section 8 was incorr...

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Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...

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Bombay High Court Allows Withdrawal of Voluntary Retirement Offer in Service Dispute — Reinstatement and Back Wages Granted. Employee's Withdrawal Within Notice Period Valid Under Service Regulations, Employer's Refusal Unjustified.

The petitioner, Sheikh Imtiyaz Babur, was employed as a Senior Clerk with the Board of Trustees of Mormugao Port Trust (Respondent No. 1). On 21.02.20...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and acceptance of bribe not proved beyond reasonable doubt under Sections 7 and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Vinod s/o Savalaram Kanadkhedkar, was a junior clerk in the Tahsil office, Nanded. He was convicted by the Special Judge, Nanded in Spe...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Conviction under Section 161 IPC and Prevention of Corruption Act, 1947 set aside as demand of bribe not proved beyond reasonable doubt.

The appellants, Deepak Ramgirwar and Vinayak Wakhre, were convicted by the Special Judge, Wardha for offences under Section 161 read with Section 34 o...