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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Reassessment based on mere change of opinion on share premium addition under Section 68 is invalid as all material was disclosed during original assessment.

The petitioner, Rajshree Realtors Private Limited, a real estate company, filed its return of income for Assessment Year 2012-2013 declaring income of...

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High Court of Bombay Dismisses Revenue's Appeal in Bogus Purchase Case — GP Rate Restricted to 15% on Alleged Bogus Purchases. The court held that when purchases are accepted as genuine but from bogus parties, only the profit element embedded in such purchases can be taxed, not the entire purchase amount.

The case pertains to an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate ...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Proof of Failure to Disclose Material Facts.

The petitioner, Vedanta Limited (formerly Sterlite Opportunities and Ventures Limited), challenged a notice dated 28 March 2008 issued under Section 1...

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Bombay High Court Dismisses Cross Revision Applications by Tenant and Landlord in Mesne Profits Dispute. Court Upholds Small Causes Court's Fixation of Mesne Profits and 9% Interest Rate Under Section 34 CPC.

The judgment involves cross civil revision applications filed by the tenant, Bharat Petroleum Corporation Limited (BPCL), and the landlord, M/s. Forbe...

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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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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...