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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...

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Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...

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Bombay High Court Allows Writ Petition Challenging Retail Outlet Dealership Selection for Arbitrary Marking. Court directs reassessment of marks for 'Liquid cash' criterion and fresh selection process.

The petitioner, Shri Pundalik Tukaram Chowgule, filed a writ petition before the Bombay High Court at Goa challenging the selection process for a Reta...

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Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed.

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direc...

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Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rafiq Hayachand Role, was convicted by the Sessions Judge, Kolhapur for the murder of Amar Laxman Mangutti under Section 302 IPC and fo...