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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

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Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case for Lack of Specific Allegations. Vicarious Liability Under Section 141 of Negotiable Instruments Act Requires Specific Averments of Role in Company Affairs.

The case involves a criminal complaint filed by respondent No. 1 (complainant) under Section 138 read with Section 141 of the Negotiable Instruments A...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheating and Criminal Breach of Trust Case. Evidence Failed to Establish Disposal of Hypothecated Machinery or Inception Intention to Cheat Under Sections 406 and 420 of Indian Penal Code.

The Bombay High Court at Goa heard a criminal appeal against the acquittal of the respondent, M/s Samudra Corporation, on charges under Sections 406 a...

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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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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Supreme Court Quashes Criminal Proceedings Against ISKCON Leaders in Bus Theft Case — Lack of Prima Facie Evidence for Forgery and Criminal Breach of Trust. Dispute over ownership of a bus transferred with consent of branch president is civil in nature, not criminal.

The Supreme Court allowed the appeals filed by Chanchalpati Das and Madhu Pandit Das, both senior leaders of ISKCON, Bengaluru, against the common jud...

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Supreme Court Allows Appeals of Women Accused in Bank Loan Fraud Case After Settlement with Bank — Compromise Between Borrower and Bank Renders Continuation of Criminal Proceedings Unjustifiable Under Section 482 CrPC.

The Supreme Court allowed appeals by Tarina Sen and Shaileshree Sen, accused in a bank loan fraud case, quashing criminal proceedings against them. Th...