Search Results for "Article 253"

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Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial.

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination ...

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Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

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Bombay High Court Directs Provisional Release of Seized Car in Customs Case Pending Adjudication. Petitioner's imported Ford Mustang GT seized on suspicion of being a 1967 model; court orders release on furnishing bond and bank guarantee under Customs Act, 1962.

The petitioner, Sidharth Vijay Shah, imported a 2019 RHD Ford Mustang GT Coupe sports car valued at USD 46,730, paying customs duty of Rs. 72,48,875/-...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Quashes Detention Order Under MPDA Act for Detenu in Judicial Custody — Failure to Show Imminent Possibility of Bail Renders Order Invalid. Preventive detention cannot be sustained when detenu is already in custody and no cogent material exists to indicate likely release on bail.

The petitioner, father of the detenu Jaidev @ Rajubhai @ J.D. Ramji Mishra, filed a habeas corpus petition under Article 226 of the Constitution chall...

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Bombay High Court Quashes Criminal Proceedings Against Medical Student in Rash Driving Case — Lack of Evidence of Negligence. FIR and Chargesheet under Sections 279, 337, 338 IPC and Section 184 Motor Vehicles Act, 1988 quashed as no prima facie case of rash or negligent driving established.

The applicant, Dr. Nidhi Suresh Kharabe, a 26-year-old medical student, filed a criminal application under Section 482 of the Code of Criminal Procedu...