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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Supreme Court Dismisses Appeal of Bank Manager Seeking Discharge for Want of Sanction Under Section 197 CrPC in Forgery Case. Act of Forgery by Public Servant Cannot Be Considered an Act Done in Discharge of Official Duty.

The Supreme Court dismissed an appeal filed by S.K. Miglani, a former Branch Manager of Bank of Baroda, Faridabad, challenging the Delhi High Court's ...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute — Seat of Arbitration Determined as Hong Kong Based on Clause 17.2 of MoU.

The petitioner, Mankastu Impex Private Limited, an Indian company, and the respondent, Airvisual Limited, a Hong Kong company, entered into a Memorand...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Bombay High Court Dismisses Revenue Appeal in CENVAT Credit Case — Amendment to Rule 6 of Cenvat Credit Rules, 2004 Held Not Retrospective. CESTAT order allowing respondent's appeal upheld as the retrospective amendment by Finance Act, 2010 did not apply to the period prior to its enactment.

The appeal was filed by the Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate against Larsen & Toubro Limited (HED) under...

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Bombay High Court Allows Petitioner's Challenge to LBT Assessment Orders for Lack of Jurisdiction. Factory in MIDC-Chole Village Held Outside Municipal Limits, Assessment Orders Quashed and Refund Directed.

The petitioner, Wintry Engineering & Chemicals Pvt. Ltd., filed three writ petitions under Article 226 of the Constitution of India challenging assess...

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Bombay High Court Allows Writ Petition Challenging Seed License Cancellation Without Proper Hearing. Natural Justice Violated as Show-Cause Notice and Personal Hearing Not Provided Before Cancellation Under Section 19 of Seeds Act, 1966.

The petitioner, Panchaganga Seeds Ltd., a company incorporated under the Companies Act, 1956, engaged in the business of seeds, held a license under t...

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Bombay High Court Upholds Conviction for Rape and Robbery in Case of False Promise of Marriage. Court holds that sexual intercourse on false promise of marriage constitutes rape under Section 375 IPC and that theft during such act amounts to robbery under Section 390 IPC.

The case involves two appeals: Criminal Appeal No. 467 of 2012 filed by the convict Anand Singh challenging his conviction and sentence, and Criminal ...

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Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...