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Bombay High Court at Goa Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material and Change of Opinion. Assessment Reopening After Four Years Invalid Without Failure to Disclose True and Full Facts.

The petitioner, M/s. Anand Developers, a partnership firm, challenged a notice dated 29 March 2019 issued under Section 148 of the Income Tax Act, 196...

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High Court Acquits Accused in Wild Elephant Electrocution Case Due to Lack of Evidence Linking Accused to Electrified Fencing. Conviction under Wild Life Protection Act, Indian Electricity Act, and IPC Set Aside as Prosecution Failed to Prove Ownership or Authorization of Unauthorized Power Connection.

The appellant, Shivappa, was convicted by the District and Sessions Judge, Chamarajanagar, in Spl. Case No.140/2009 for offences under Sections 39 and...

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Supreme Court Dismisses State's Appeal Against Acquittal of Central Excise Officers in Bribery Case. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Prevention of Corruption Act, 1988.

The present appeals arise from an order dated 27.05.2019 passed by the High Court of Judicature at Allahabad, Lucknow Bench, which allowed the appeals...

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Bombay High Court Dismisses State's Petition Challenging Reinstatement of Pharmacists in Unfair Labour Practice Case. Termination of daily-wage pharmacists appointed through proper selection held to be unfair labour practice under MRTU & PULP Act, 1971, and reinstatement with back wages upheld.

The State of Maharashtra and its officers (petitioners) filed a writ petition challenging the order of the Labour Court dated 25-8-2000 in Complaint (...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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High Court of Bombay at Goa Allows Revision Application and Discharges Accused in Rape Case Due to Consensual Relationship and Absence of False Promise to Marry. Consent Based on Breach of Promise Not Rape Under Section 376 IPC When No Initial Intent to Deceive.

The case involves a criminal revision application filed by Clinton Fernandes challenging an order of the Sessions Judge, Goa, dated 25/08/2023, which ...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Murder and Atrocity Case — Acquittal Upheld Due to Inconsistent Evidence. Prosecution Failed to Prove Unlawful Assembly and Caste-Based Motive Under Sections 143, 147, 148, 302, 109 read with 149 IPC and Section 3(2)(v) of SC/ST Act.

The State of Karnataka appealed against the judgment dated 30.09.2014 passed by the Special Judge and II Additional Sessions Judge, Bijapur in Spl.C.N...