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Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Supreme Court Dismisses Appeals Against Criminal Complaint for Conspiracy to Illegally Acquire Foreign Exchange. Majority Held that Section 21(1) of the Foreign Exchange Regulation Act, 1947 Does Not Exclude Applicability of Section 120-B of the Indian Penal Code for Continuing Conspiracy.

The Rayala Corporation (P) Ltd. manufactured Halda typewriters in India using materials imported from Sweden. Appellant no.1, Lennart Schussler, a Swe...

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High Court of Bombay at Goa Decides State's Appeal Against Acquittal for Offences Under IPC Sections 376(2)(f), 376(2)(k), 354, 354A, 354B, 341, 342. Case Involved Alleged Sexual Assault by Editor-in-Chief on Employee During THiNK Fest 2013.

The State of Goa filed an appeal against the acquittal of the respondent, the Editor-in-Chief of Tehelka magazine, who was charged with sexual assault...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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Bombay High Court Dismisses Writ Petition by Educational Trust Challenging State Information Commission's Order to Disclose Information Under RTI Act. Personal Information Exception Under Section 8(1)(j) of RTI Act Not Applicable as Information Relates to Public Activities of Trust.

The petitioners, Chalisgaon Education Society and its President, filed a writ petition challenging an order dated 3.7.2013 passed by the State Informa...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...