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Bombay High Court Allows Revision Against Remand Order in Criminal Case Where Accused Were Acquitted for Want of Prosecution Evidence. The Sessions Court's order of remand was set aside as it exceeded its jurisdiction in an appeal against acquittal.

The applicants, Sudhakar s/o Baburao Biradar and Vaishali w/o Shivprasad Biradar, were original accused in Crime No. 214/2006 registered at Udgir Poli...

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Bombay High Court Quashes Cross FIRs Between Two Groups of Advocates Over Incident at Police Station. Both FIRs Found Vague and Amounting to Abuse of Process of Law Under Section 482 CrPC.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of two cross FIRs regist...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Civil Dispute and Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred at Workplace, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The applicants, Balkrushna Mule, Maharudra Wani, and Laxman Wani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 19...

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High Court of Bombay Allows Release of Detained Vehicle in Customs Case — Petitioner's Vehicle Detained for Transporting Counterfeit Goods, Court Orders Release on Payment of Redemption Fine and Penalty

The petitioner, Haresh S. Bhanushali, proprietor of M/s. Jalaram Container Movers, owned a trailer bearing registration No. MH-46-H-1284. The vehicle ...

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Bombay High Court Dismisses Revenue Appeal for Lack of Territorial Jurisdiction in Income Tax Matter. Jurisdiction lies with High Court where Assessing Officer is located, not where ITAT Bench sits.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench, which had ru...

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Bombay High Court Allows Petition Against IPAB Order for Violation of Natural Justice in Patent Pre-Grant Opposition. Pre-grant opponent not heard before allowing patent appeal, order set aside and matter remanded.

The petitioner, Dhaval Diyora, filed a pre-grant opposition under Section 25(1) of the Patents Act, 1970 against the patent application of Respondent ...

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Bombay High Court Allows Joint Application to Quash Criminal Proceedings in Medical Negligence Case Based on Compromise. Section 304-A IPC proceedings quashed under Section 482 CrPC as parties settled amicably and continuation would be futile.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed jointly by the accused (applicant No.1, Dr. S...

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Bombay High Court Allows Second Appeal in Hindu Succession Act Case — Section 23 Amendment Not Retrospective. Lower Appellate Court erred in applying 2005 amendment to partition suit filed before amendment, shares to be determined under pre-amendment law.

This second appeal arises from a judgment dated 29/7/2009 passed by the learned District Judge-I, Pandharkawda in Regular Civil Appeal No.69/2004. The...

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Bombay High Court Dismisses Appeal Against Forfeiture of Cash and Fixed Deposits in NDPS Case Despite Acquittal of Accused. Court upholds forfeiture of proceeds of narcotics trafficking under Section 8(c) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The appellant, Sankapaka Laxman Bhoomaiah @ Babu, was the original accused No.1 in NDPS Special Case No. 208/1989 before the Special Judge (N.D.P.S.) ...