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Bombay High Court Grants Anticipatory Bail to Applicants in NDPS Case — No Recovery from Applicants, Only Co-accused. Section 37 NDPS Act Not Attracted as Applicants Not Found in Conscious Possession of Contraband.

The applicants, Hetan Ram Gangwani and Yash Ram Gangwani, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anti...

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WRIT PETITION NO. 151 OF 2019

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

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Bombay High Court Quashes Reassessment Notice and Order Against Co-operative Credit Society for Lack of Reasonable Belief of Income Escapement. Reopening under Section 148 of Income Tax Act, 1961 held invalid as notice was based on borrowed satisfaction and non-application of mind.

The petitioner, Mumbai Postal Employees Co-operative Credit Society Ltd., a co-operative credit society registered under the Maharashtra Co-operative ...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Reason to Believe. Section 148 Notice Set Aside as Reopening Based on Mere Change of Opinion Without Fresh Tangible Material.

The petitioner, Asian Paints Ltd., a public limited company engaged in manufacturing and selling paints, challenged a notice dated 31st March 2021 iss...

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Supreme Court Allows Appeal by Bank in Transfer Case — Transfer Order Restored with Alternative Posting Options. Allegations of Malafide Transfer Not Established; Bank's Administrative Exigency Upheld.

The case involves a senior officer of Punjab and Sind Bank, Mrs Durgesh Kuwar, who was appointed as a Probationary Officer in 1998 and promoted to Chi...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Supreme Court Dismisses Appeal Challenging Policy Decision on Management of Medical College. Court Refuses to Interfere with State's Hybrid Model of Running Medical College Through Society.

The appellant, Dr. Ashok Sinha, filed a public interest litigation before the High Court of Tripura challenging the admission procedure and fees charg...