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Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures.

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited ...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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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 Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

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Bombay High Court Quashes MHADA Order Refusing Commencement Certificate Based on Ministerial Assurance. Ministerial Assurance Cannot Override Statutory Provisions Under Maharashtra Housing and Area Development Act, 1976.

The petitioner, Rustomjee Realty Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Sections 376 and 506 IPC set aside as prosecutrix's evidence was inconsistent and medical evidence did not establish rape.

The appellant, Suresh Karbhari Wadge, was convicted by the Additional Sessions Judge, Shrirampur, for offences under Sections 376 (rape) and 506 (crim...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...