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High Court of Bombay at Nagpur Bench Sets Aside Sessions Court Order in Election Affidavit Non-Disclosure Case. Court Holds Mere Cognizance of Criminal Case Not Disclosure Requirement Under Section 33A(1) of Representation of the People Act, 1951; Upholds Dismissal of Complaint.

The revision applicant, a politician and Chief Minister of Maharashtra, contested the 2014 State Legislative Assembly election from Nagpur South-West ...

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Madras High Court Dismisses Revenue's Appeal in Penalty Case for Wrongful DTAA Claim — No Concealment Found. Assessee's Bonafide Belief That India-China DTAA Applied to Hong Kong Based on Official Document Precludes Penalty Under Section 271(1)(c) of Income Tax Act, 1961.

The revenue appealed against the common order of the Income Tax Appellate Tribunal (ITAT) which set aside the levy of penalty under Section 271(1)(c) ...

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Bombay High Court Quashes Second FIR in Narcotics Case as Part of Same Transaction. Second FIR Based on Accused's Disclosure During Custodial Interrogation Quashed Under Section 482 Cr.P.C.

Background: The petitioner, a British national, was facing two FIRs under the Narcotic Drugs and Psychotropic Substances Act, 1985. The first FIR (No....

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High Court Dismisses Revenue Appeal in Income Tax Penalty Case — No Substantial Question of Law Arises. Penalty under Section 271(1)(c) of Income Tax Act, 1961 cannot be imposed for mere disallowance of claim without finding of concealment or furnishing inaccurate particulars.

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal dated 29.12.2016, w...

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Bombay High Court Acquits Mother in POCSO Abetment Case — No Evidence of Intentional Aiding. Section 17 POCSO Act requires mens rea and overt act; mere presence or failure to protect insufficient for conviction.

The appellant, Asha Patil, was convicted under Section 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for abetting the se...

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Bombay High Court Upholds Injunction in Adverse Possession Suit — Prima Facie Case and Balance of Convenience in Favor of Plaintiffs. Trial Court's Order Restraining Defendants from Entering Suit Property Maintained as Plaintiffs Established Long-Standing Possession and Serious Triable Issues.

The case arises from an appeal filed by the defendants (Suruna Bothra Associates & Others) against an order dated 4th December 2020 passed by the Civi...

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Bombay High Court Allows Wife's Appeal for Annulment of Marriage on Ground of Fraud and Coercion Under Section 12(1)(c) of Hindu Marriage Act, 1955. Consent Obtained by Threatening to Make Obscene Photographs Viral, Concealment of Material Facts Constitutes Fraud.

The appellant-wife, Monika Narendra Sharma, filed an appeal against the judgment and order dated 7th September 2021 passed by the Family Court, Mumbai...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Gujarat High Court Allows Discharge of Accused in CBI Disproportionate Assets Case for Lack of Prima Facie Evidence of Abetment. Cousin of Main Accused Cannot Be Charged Under Section 109 IPC Without Specific Allegations of Instigation or Conspiracy.

The High Court of Gujarat at Ahmedabad, presided over by Justice Hasmukh D. Suthar, allowed a criminal revision application filed by Ajeetkumar S/o Ra...