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Bombay High Court Dismisses Petitioner's Challenge to Magistrate's Order Directing FIR Registration Under IPC Sections 406, 420, 467, 468, 471, 120-B — Magistrate's Power Under Section 156(3) CrPC to Order Investigation Upheld Despite Prior Charge-Sheet in Related Matter.

The petitioner, Mahendra s/o Kanhaiyyalal Jain, filed four criminal writ petitions under Article 226 of the Constitution and Section 482 of the Code o...

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High Court of Bombay at Goa Dismisses Revenue Appeals and Allows Assessee Appeals in Customs and Excise Classification Dispute. Classification of goods under Customs Tariff and Central Excise Tariff determined based on technical literature and expert opinion, rejecting revenue's reclassification.

The judgment involves multiple appeals filed by the Commissioner of Customs & Central Excise and by M/s Twenty First Century Wire Rods Ltd. The core i...

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Bombay High Court Dismisses Petition Challenging Rejection of Application Under Section 91 CrPC for Call Data Records in Sheena Bora Murder Case. Court Held That Accused Cannot Seek Production of Documents Not Relied Upon by Prosecution at Pre-Trial Stage.

The petitioner, Pratim @ Peter Mukherjea, accused No.8 in Special Case No.9 of 2016 arising from the Sheena Bora murder case, filed a writ petition ch...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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Bombay High Court Allows Petition of Judicial Officer Challenging Compulsory Retirement. Non-Communication of Adverse Remarks in ACRs Violates Natural Justice, Order Set Aside.

The petitioner, Smt. Shraddha Vinod Deo, was appointed as a Judicial Magistrate First Class on 1st September 1990 and served at various places includi...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...