Search Results for "Right to Appeal"

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Bombay High Court Allows Withdrawal of Criminal Appeal by Life Convict Nearing Release — Right to Appeal Can Be Waived Voluntarily. Appellant convicted under Section 302 IPC sought to withdraw appeal as he was likely to be released; court permitted withdrawal after ensuring voluntariness.

The appellant, Jafar Khaja Mainuddin Mulla, was convicted by the Additional Sessions Judge, Solapur on 24 May 2012 for the offence of murder under Sec...

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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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Bombay High Court Quashes Unreasoned GST Adjudication Order for Violation of Natural Justice — Remands for Fresh Speaking Order. Adjudication order under Section 73 of CGST Act, 2017 set aside for lack of reasons, failure to consider taxpayer's detailed response, and denial of personal hearing.

The petitioner, Bhansali Industries, challenged an adjudication order dated 03 July 2023 passed by the Deputy Commissioner of State Tax, Pune, under S...

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Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

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Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Appeal Filed.

The Bombay High Court disposed of two writ petitions filed by Haresh Nagindas Vora and Sachin Laxmichand Shah, partners of M/s Bright International, c...

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Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Corruption Case. Holds that the amendment to Section 372 CrPC giving right to victim to appeal is procedural and retrospective.

The applicant, Babu Uligappa Batteli, was the original complainant who filed a complaint against respondent no.2 for offences under the Prevention of ...

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Bombay High Court Allows Condonation of Delay in Filing Appeal Against Conviction Due to Sufficient Cause. The court held that a liberal approach should be taken in condoning delay to allow the appeal to be heard on merits, especially when the delay is short and explained.

The applicant, Shiv Mandhukar Giri, was convicted in R.C.C. No.2156/2007 by the 5th Judicial Magistrate, First Class, Aurangabad, for an offence under...