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Bombay High Court Allows Restoration of Consumer Appeal Dismissed in Default Due to Advocate's Absence. State Commission Lacks Power to Recall DID Order; High Court Exercises Writ Jurisdiction to Set Aside Order and Restore Appeal for Fresh Hearing on Merits.

The petitioner, Arun Modale, had filed a First Appeal No. 481/2009 before the Maharashtra State Consumer Dispute Redressal Commission (State Commissio...

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Bombay High Court Allows Petition by Supplying Agent in Co-operative Dispute Over Seed Liability — Petitioner Not Liable as It Was Not a Party to the Loan Transaction. Co-operative Appellate Court Exceeded Jurisdiction in Review by Fixing Liability on Non-Party.

The petitioner, Nanded Zilla Krushi Audyogik Society Ltd., filed a writ petition challenging two orders of the Maharashtra State Co-operative Appellat...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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High Court of Bombay at Goa Dismisses Appeal by Complainant in Cheque Bounce Case — Acquittal Upheld as Loan for Illegal Chit Fund Business Not Legally Enforceable. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused on Preponderance of Probabilities.

The appellant, Rajendra Pangam, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Paresh B. Naik, al...

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Madras High Court Dismisses Revenue's Appeal in Customs Valuation Case — Confirms CESTAT's Finding That Transaction Value of Imported Goods Is Acceptable Under Section 14 of Customs Act, 1962. Burden of Proof on Revenue to Show Fraud or Misdeclaration Not Discharged.

The case involves four Civil Miscellaneous Appeals filed by the Commissioner of Customs (Port-Export), Chennai, under Section 130 of the Customs Act, ...

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Bombay High Court Allows Section 482 Petition Challenging Issuance of Process in Legal Metrology Case Despite Alternate Remedy. Once a petition is admitted and heard on merits, it cannot be dismissed as not maintainable merely because a revision could have been filed.

The applicant, Volvo India Private Limited, filed a criminal application under Section 482 of the Criminal Procedure Code before the Bombay High Court...

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High Court of Karnataka Quashes Reassessment Order in VAT Case Due to Limitation Bar — Reassessment Order Passed Beyond 5-Year Limitation Under Section 39(1) of KVAT Act, 2003 Cannot Be Sustained Despite Court Direction. Court Directions Cannot Extend Statutory Limitation Period.

The petitioner, M/s. Federal Mogul Goetze (India) Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the r...

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High Court of Karnataka Allows Revision Petition in Sales Tax Case — Re-assessment Not Permissible Under Rectification of Mistake. The Court held that rectification under Section 69 of the KVAT Act cannot be used to re-assess escaped turnover without following the procedure under Section 39.

The petitioner, M/s. Hema Engineering, a dealer registered under the Karnataka Value Added Tax Act, 2003, filed revision petitions under Section 65(1)...