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High Court of Karnataka Dismisses Anticipatory Bail Petition in Income Tax Recovery Proceedings. Notice under Rule 73 of Second Schedule of Income Tax Act, 1961 for civil imprisonment does not attract Section 438 Cr.P.C.

The petitioner, Shri M A Zahid, filed a criminal petition under Section 438 Cr.P.C. seeking anticipatory bail in the event of his arrest in connection...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — No Ground to Set Aside Sale After Certificate Issued and No Appeal Filed.

The petitioners, Si2 Microsystems Pvt. Ltd. and its director Sanjay Vedaprakash Soni, availed a cash credit facility of Rs. 10 crores and a term loan ...

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Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

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Bombay High Court Quashes Removal of Employee in Coal India Service Dispute — Violation of Natural Justice as No Inquiry Held Before Dismissal Based on Self-Declaration. Rule 34(1)(ii) of Coal India Executives Conduct, Discipline and Appeal Rules, 1978 Requires Inquiry Before Penalty of Removal.

The petitioner, Shri Sheopurari Singh, was employed as Deputy General Manager (Vigilance) in M-1 Grade at the Vigilance Department of Western Coalfiel...

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Bombay High Court Dismisses CBI Appeal Against Acquittal in Corruption Case — Prosecution Fails to Prove Misappropriation Beyond Reasonable Doubt. Sanction for Prosecution Under Section 19 of PC Act, 1988 Was Invalid and Evidence Lacked Credibility.

The case pertains to an appeal filed by the Central Bureau of Investigation (CBI) against the acquittal of the respondent, Shivanand Fakirappa Bachagu...

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Bombay High Court Allows Second Appeal in Part in Recovery of Possession Case — Appellant Not a Tenant, No Substantial Question of Law Arises. The appellate court's order granting entire damages without separate inquiry under Order 20 Rule 12 CPC set aside, trial court's direction for inquiry restored.

The appellant, Rajendra Suryakant More, was a former employee of the respondent company, M/s Fixolite Wires & Cables Pvt. Ltd. He was provided with a ...

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High Court Dismisses Bank's Petition Against Labour Court Orders Granting Reinstatement with Back Wages to Employee -- Upholds Violation of Natural Justice in Departmental Inquiry Under Industrial Disputes Act

The petitioner Bank challenged orders of the Labour Court and Industrial Court that declared a departmental inquiry against the respondent employee il...

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Bombay High Court Allows Summary Judgment in Favor of Asset Managers in Commercial Paper Recovery Suit Despite Pending SICA Appeal. The court held that Section 22 of SICA does not bar recovery suits where BIFR has declined registration, and the defendant failed to raise any triable issue.

The plaintiffs, Pramerica Asset Managers Pvt. Ltd. and others, filed two summary suits against Deccan Chronicle Holdings Ltd. for recovery of Rs. 25 c...

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Supreme Court Upholds Rights of Trafficking Victims, Issues Guidelines for Rescue and Rehabilitation. Court Holds That State Must Take Reasonable Measures to Safeguard Right to Rehabilitation Under Article 21.

This Miscellaneous Application arose from a prior disposed Public Interest Litigation regarding human trafficking. The petitioner sought enforcement o...