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Bombay High Court Acquits Accused in Corruption Case Due to Vitiated Sanction and Inconsistent Evidence. Sanction under Section 19 of Prevention of Corruption Act, 1988 found to be without application of mind, and prosecution evidence on demand and acceptance of bribe was mutually inconsistent.

The appellant, Ravindra s/o Marotrao Thakre, was convicted by the Special Court under the Prevention of Corruption Act, 1988 for offences under Sectio...

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High Court of Karnataka Quashes Recovery Order Against State Agency for Exceeding 20% Limit Under Section 220(6) of Income Tax Act, 1961. Recovery of Rs.16,95,48,869/- for multiple assessment years held illegal as it exceeded the statutory limit of 20% pending appeal.

The petitioner, Bidar Nirmiti Kendra, an agency of the State Government, filed writ petitions under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Acquits Accused in Corruption Case Due to Invalid Sanction and Unproven Demand. Sanctioning Authority's Lack of Competence and Failure to Prove Demand by Gesture Alone Lead to Acquittal Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The case arose from a criminal appeal against the conviction of Shankar Babarao Mukkawar, a former Executive Engineer with the Maharashtra Jivan Pradh...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Aarif Ali Yusuf Ali Sayyad, was convicted by the Special Judge, Dhule, for offences under Sections 7 and 13(2) of the Prevention of Cor...

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High Court Dismisses Municipal Corporation's Challenge to Arbitral Award Setting Aside Penalties, Termination, and Blacklisting in Sewerage Treatment Plant Contract Dispute

The High Court of Bombay heard cross-petitions challenging an arbitral award dated 18 June 2020 in a dispute between Solapur Municipal Corporation and...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

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High Court of Karnataka Allows Retired Professor's Writ Petition for Interest on Delayed Pension and DCRG Payments. Recovery of amounts from pension and DCRG without notice held illegal under Article 300A of the Constitution of India.

The petitioner, Sri F.J.M. Crasta, a retired Professor in Physics from St. Aloysius College, Mangalore, filed a writ petition under Articles 226 and 2...