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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Dismisses Union of India's Petition Challenging Settlement Commission Order in Customs Duty Evasion Case. Settlement Commission's order upheld as valid exercise of power under Section 127B of Customs Act, 1962, with no jurisdictional error or illegality.

The Union of India, through the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, filed a writ petition challenging an order dated 25th...

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Bombay High Court Grants Anticipatory Bail to Foreign Nationals in NDPS Case — No Recovery from Petitioners, Only Co-accused Implicated. Petitioners not named in FIR and no contraband recovered from them, thus Section 37 NDPS Act bar not applicable.

The petitioners, foreign nationals from various countries including Tanzania, Iran, Gujarat, Mumbai, Tamil Nadu, and others, were implicated in a case...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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Supreme Court Overturns Judgments in Land Sale Dispute, Citing Fraudulent Agreement. "High Court and Lower Courts' Concurrent Findings on Sale Agreement Deemed Perverse."

The Supreme Court set aside the judgments of the High Court of Punjab and Haryana and the lower courts, finding that the land sale agreement in questi...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Supreme Court Refers Seniority Criteria in Higher Judicial Services to Constitution Bench in All India Judges Association Case. Amicus Curiae's Application Seeks to Address Disparity in Career Progression Between Direct Recruits and Promotees, Leading to Reference for Long-Lasting Solution.

The Supreme Court considered an interlocutory application filed by the amicus curiae in the ongoing All India Judges Association writ petition, highli...