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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Rajendra Suryakant Kapile, was a Senior Clerk in the Sub-Regional Provident Fund Office, CIDCO, Aurangabad. The complainant, Dharamchan...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

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Bombay High Court Quashes Criminal Proceedings Against Directors in CBI Case for Lack of Sanction Under Section 197 CrPC. Directors of Companies Cannot Be Prosecuted Without Prior Sanction as They Were Public Servants Under the Prevention of Corruption Act, 1988.

The case involves two criminal revision applications filed by directors of companies against whom the CBI had initiated prosecution. The applicants we...

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Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Fresh Material. Loan Waiver Amount Already Disclosed During Original Assessment Cannot Be Reopened Under Section 147 of Income Tax Act, 1961 Without New Information.

The Petitioner, Kimplas Trenton Fittings Ltd., filed a writ petition challenging a notice dated 25 March 2011 issued under Section 148 of the Income T...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Acquits Head Constable in Corruption Case Due to Lack of Proof of Demand and Acceptance of Bribe. Conviction under Section 161 IPC and Section 5(1)(d) of Prevention of Corruption Act, 1947 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Wamanrao Pawar, a Head Constable, was convicted by the Additional Sessions Judge, Amravati in Special Case No. 3 of 1989 for offences u...