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Bombay High Court Grants Anticipatory Bail to Accused in Cheating and Forgery Case — Investigation Complete and Offences Triable by Magistrate. Custodial Interrogation Not Required Under Section 438 CrPC for Offences Under Sections 420, 467, 468, 471 IPC.

The judgment concerns three criminal applications for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by applicants...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...

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Bombay High Court Allows Petition of Auction Purchaser for Electricity Supply Without Paying Previous Owner's Dues. Auction purchaser of industrial property is not liable for outstanding electricity charges of previous consumer under Electricity Act, 2003.

The petitioner, M/s. Zia Iron Store, purchased an industrial property at N-69, M.I.D.C., Nagpur in an auction conducted in execution of an award of th...

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High Court of Bombay at Goa Allows Tax Appeal on Valuation of Work in Progress in Real Estate — Accounting Standard AS-7 Must Be Followed for Correct Profit Computation. Tribunal's Reliance on Precedent Without Notice Violates Natural Justice.

The appellant, Kayji Real Estate Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed an appeal under the Income Tax Act, 1961, chal...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal's Refusal to Strike Out Additional Written Statement. Tribunal's Discretion to Allow Additional Pleadings Upheld Unless Prejudice Shown.

The petitioner, GTL Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.2.2006 passed...

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Bombay High Court Allows Petition Challenging Minority Status Certificate Issued by Maharashtra State Minorities Commission — Matter Remanded for Fresh Consideration. The Court held that the Commission must pass a speaking order and consider objections before issuing a minority status certificate.

The Petitioner, Aniruddha A. Sheth, representing M/s. Akruti SMC Joint Venture, challenged the minority status certificate issued by the Maharashtra S...

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Bombay High Court Allows Tenant's Petition Challenging Land Transfer Without Previous Sanction Under Section 43 of Bombay Tenancy Act. Post-transfer sanction cannot regularize invalid transfer; MRT order set aside.

The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were ten...

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Bombay High Court Dismisses Petition of Kerosene Dealers' Association Challenging Inclusion of VAT in Ceiling Price. State's Power to Fix Maximum Price Including Taxes Upheld Under Essential Commodities Act, 1955.

The petitioners, Mumbai Kerosene Dealers' Association and its members, who are wholesale kerosene dealers holding licences under the Maharashtra Keros...