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Bombay High Court Quashes Process in Cheating Case Where Dispute is Purely Civil in Nature. Dishonest Intention from Inception Not Established Under Section 420 IPC.

The petitioners, M/s. Ruchitra Textiles Pvt. Ltd. and its directors, challenged the process issued against them for the offence punishable under Secti...

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Gujarat High Court Quashes Penalties on Customs Broker for Importer's Misdeclaration — No Mens Rea or Knowledge of Fraud Established. Section 112(a), 112(b), 114AA of Customs Act, 1962 require active involvement or knowledge for penalty imposition on customs broker.

The petitioner, M/s. Mathuradas Narandas and Sons Forwarders Ltd., a customs broker, was engaged by GKR Traders Pvt. Ltd., the importer, to facilitate...

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High Court of Karnataka Quashes Externment Order Under Section 55 of Karnataka Police Act, 1963 for Lack of Material to Show Threat to Public Order. Single pending criminal case and rowdy sheet entry insufficient to justify externment from home district.

The petitioner, Sachin M.R., a permanent resident of Mallahalli Village, Mysore District, challenged an externment order dated 20.03.2024 passed by th...

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High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...

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High Court of Karnataka Quashes FIR in Criminal Breach of Trust Case — Dispute Found to be Purely Civil in Nature. Allegations of Dishonest Misappropriation of Sale Consideration Under Sections 403, 406, 420 IPC Do Not Disclose Any Criminal Offence as Transaction Was Consensual and Civil.

The petitioners, who were accused Nos. 1 and 2, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

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Gujarat High Court Quashes Reassessment Notice for AY 2015-16 Due to Non-Compliance with Section 148A(b) Procedure. Notice under old Section 148 issued after 01.04.2021 without following mandatory procedure under new regime is invalid.

The petitioner, Prabhatbhai Mahadevbhai Desai, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court c...

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Gujarat High Court Quashes Reassessment Notice for AY 2015-2016 Due to Non-Compliance with Section 148A and Invalid Sanction. Notice Issued Under Section 148 of Income Tax Act, 1961 Without Prior Notice Under Section 148A(b) and Without Proper Sanction Under Section 151 is Invalid.

The petitioner, Keyur Mukeshbhai Vora, challenged a notice issued under Section 148 of the Income Tax Act, 1961 for Assessment Year 2015-2016. The not...

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Gujarat High Court Quashes Reassessment Notice for AY 2015-2016 Due to Non-Compliance with Section 148A(b) of Income Tax Act, 1961 — TOLA Extension Not Applicable to Notices Issued After 30.06.2021.

The petitioner, Chandrakant Babubhai Patel, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court chal...