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Bombay High Court Allows Set-off of Pre-conviction Detention Under Section 428 Cr.P.C. in Rape Conviction Case. Court Directs Jail Authorities to Recalculate Sentence by Setting Off Period of Incarceration Prior to Conviction Against Substantive Sentence of Imprisonment.

The petitioner, Tenzin @ Elin Dorje, was convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 23/2016 for offences under Sections ...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Reasonable Belief of Income Escaping Assessment. Share Premium Reassessment Based on Intrinsic Valuation Without New Material Held Invalid Under Section 147 of the Income Tax Act, 1961.

The petitioner, SLS Energy Pvt. Ltd., challenged a notice dated 23 March 2015 issued under Section 148 of the Income Tax Act, 1961, for the assessment...

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Bombay High Court Allows Petition Challenging SCEA Directive Excluding Retired Employees from Voter List in Salary Earner's Co-operative Bank Elections. Directive Issued Without Authority Under Maharashtra Co-operative Societies Act, 1960, and Bye-laws Permitting Retired Members to Vote Must Be Respected.

The petitioners, Nashik Zilla Sarkari and Parishad Karmachari Sahakari Bank Ltd. (a salary earner's co-operative bank) and some of its retired employe...

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Bombay High Court Allows Petition Challenging Rejection of Disqualification Complaint Under Section 14B of Maharashtra Village Panchayat Act, 1959. Failure to Submit Election Expense Accounts as Per State Election Commission Order Attracts Disqualification.

The petitioner, Smt. Jijabai Mukaji Gathari, filed a writ petition challenging the order dated 14.03.2022 passed by the Collector, Dhule, rejecting he...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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Bombay High Court Directs Provisional Release of Seized Car in Customs Case Pending Adjudication. Petitioner's imported Ford Mustang GT seized on suspicion of being a 1967 model; court orders release on furnishing bond and bank guarantee under Customs Act, 1962.

The petitioner, Sidharth Vijay Shah, imported a 2019 RHD Ford Mustang GT Coupe sports car valued at USD 46,730, paying customs duty of Rs. 72,48,875/-...

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Bombay High Court Dismisses Petition Seeking CBI Investigation in Assault Case Alleging Political Rivalry. Court holds that mere allegations of political rivalry or delay in investigation do not warrant transfer of investigation to CBI under Article 226 of the Constitution of India.

The petitioner, Shamin @ Chintu Jamaluddin Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a direction to transfe...

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Bombay High Court Quashes Externment Notice Against Advocate in Bombay Police Act Case — Notice Issued Without Proper Application of Mind and Based on Vague Allegations. Section 56(b) of Bombay Police Act, 1951 Requires Subjective Satisfaction Based on Material, Not Mere Police Reports.

The petitioner, Sangram s/o Janardhan Tupe, a practicing advocate in Beed, challenged a notice dated 26-7-2010 issued by the Sub Divisional Magistrate...

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Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal endorsement; mere dispatch is insufficient.

The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...