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Bombay High Court Allows Appeal in MPID Act Case — Quashes Attachment Order for Lack of Nexus with Crime. Property of Hotel Avion Private Ltd cannot be attached under Section 3 of Maharashtra Protection of Interest of Depositors Act, 1999 without direct link to alleged default.

The appellant, Hotel Avion Private Ltd, filed two criminal appeals challenging the attachment of its property under the Maharashtra Protection of Inte...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Allows Writ Petitions Challenging Transfer Pricing Adjustments in Income Tax Assessments. Petitioner succeeds as TPO's order was passed without proper opportunity of hearing and without considering relevant material.

The Bombay High Court disposed of two writ petitions concerning assessment years 2010-11 and 2009-10, where the petitioner, M/s. CWT India Private Lim...

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Bombay High Court Dismisses Petition Challenging State's Refusal to Modify Development Plan Reservation. State's Discretion to Revert Land to Original Reservation Upheld Under Section 37 of MRTP Act, 1966.

The petitioner, Ramchandra Tukaram Mohite (since deceased through legal representatives), filed a writ petition under Article 226 of the Constitution ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the first appellate court's findings were based on evidence and not perverse under Section 100 CPC.

The present second appeal was filed by the original defendants against the judgment and decree passed by the first appellate court, which had confirme...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Hostile Witnesses and Lack of Evidence. Common Intention Under Section 302 r/w 34 IPC Not Proved as Prosecution Failed to Establish Presence of Accused at Scene and Ocular Witnesses Turned Hostile.

The State of Maharashtra appealed against the judgment and order dated 26.02.2001-28.02.2001 passed by the learned Additional Sessions Judge, Greater ...

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Bombay High Court Upholds Discharge of Accused in Corruption Case Due to Lack of Sanction Under Section 17-A of Prevention of Corruption Act. Amendment requiring prior approval for investigation applies to chargesheets filed after its commencement.

The State of Maharashtra, through the Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur, filed a criminal application challenging an ord...

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Bombay High Court Partly Allows State Appeal in Land Acquisition Compensation Case — Enhances Rate to Rs. 30,000 Per Acre with Statutory Benefits. Court Relies on Sale Deed of Similar Land and Previous Awards to Determine Market Value Under Land Acquisition Act, 1894.

The State of Maharashtra appealed against the judgment and award dated 26/08/2003 passed by the learned Joint Civil Judge, Senior Division, Osmanabad ...

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Bombay High Court Acquits Appellants in CBI Corruption Case Due to Lack of Evidence and Invalid Sanction. Conviction under Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The case pertains to two criminal appeals filed by Vilas Vasudev Kunkolienkar (A1) and his wife Vijayshree Vilas Kunkolienkar (A3) challenging their c...