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Bombay High Court Quashes Recovery Proceedings Against Legal Heir for Company's Central Excise Dues Without Proper Adjudication. Personal Liability Cannot Be Imposed on Legal Representative Without Determining Liability Under Section 11 of Central Excise Act, 1944.

The petitioner, Vandana Bidyut Chaterjee, filed a writ petition under Article 226 of the Constitution of India challenging various notices and communi...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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High Court of Karnataka Quashes Reassessment Order and Notice Under Section 148A(d) and 148 of Income Tax Act, 1961 for Lack of Proper Application of Mind. Reassessment Initiated Based on Information from Investigation Wing Without Independent Satisfaction by Assessing Officer.

The petitioner, Mr. Sanath Kumar Murali, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...