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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Dispute over loan repayment and property transfer held to be predominantly civil, not criminal, warranting quashing under Section 482 CrPC.

The applicants, Santosh Adinath Ghalage and Vidya Santosh Ghalage, were accused in Crime No.14 of 2017 registered at Ajintha Police Station, Aurangaba...

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High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...

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Supreme Court Dismisses Appeal in Wakf Succession Dispute, Upholds Male Lineal Descent Requirement. The term 'putro poutradi krome' in a wakf deed restricts mutawalliship to male descendants, and a mutawalli cannot transfer his office without express authorization in the wakf deed.

The Supreme Court dismissed the appeal arising from a dispute over the mutawalliship of a wakf estate in West Bengal. The wakf, created by a registere...

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Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...

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Supreme Court Sets Aside Arbitrator Appointment Due to Unstamped Lease Deed. Insufficiently Stamped Document Cannot Be Acted Upon Under Section 11(6) of Arbitration and Conciliation Act, 1996.

The present appeal arises from a judgment of the Karnataka High Court appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Penalty Case. Journal Entry Set-off for Loan Repayment Does Not Violate Section 269T of Income Tax Act, 1961, as It Is Not a Repayment but an Adjustment of Mutual Claims.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted the penalty ...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...