Showing 1939 articles
Banks Cannot Penalise Borrowers for Switching Lenders or Prepaying Loans: Orissa High Court
Title: Banking Regulation under Sections 21 and 35A, Banking Regulation Act, 1949 with comments on unlawful foreclosure charges and borrower mobility rights Introduction The Orissa High Court has delivered a significant judgment protecting borrowers—especially MSMEs—from unfair banking practices that restrict their…
Re-Blocking Input Tax Credit Beyond One Year Without Fresh Material Held Unsustainable: Punjab & Haryana High Court
The Punjab & Haryana High Court has delivered an important judgment holding that tax authorities cannot indefinitely freeze a taxpayer’s Input Tax Credit. The decision, involving NB International, clarifies that repeated blocking of ITC on the same allegations without new material violates the limits set under the…
Can Delay in Filing Cheque Bounce Case Affect Criminal Charges of Cheating and Breach of Trust? - A Ruling by High Court of Bombay
In a significant legal development, the High Court of Judicature at Bombay, Aurangabad Bench, recently ruled on a case involving Jalindar Mahadev Shendge and Mogal Shankar Pathare. The petitioner challenged an order passed by the Sessions Court that allowed the continuation of proceedings under Sections 406 (criminal…
‘In Poor Taste’: Court Expresses Displeasure After Lawyer Appears with Red Tape on Lips Claiming He Was ‘Silenced’: Delhi High Court
The Delhi High Court expressed strong displeasure with the conduct of Advocate R.K. Saini, senior counsel appearing for the petitioner in the contempt proceedings filed suo-motu by the court. The matter relates to long-pending grievances of petitioners whose land allotment claims under the 20-Point Programme of 1993…
Cheque Bounce Case Under Section 138 of NI Act Quashed After Settlement – Ruling by Delhi High Court
In a significant development at the Delhi High Court, Sachin Kapoor, the petitioner in a cheque dishonor case under the Negotiable Instruments Act, 1881, has successfully had his conviction and sentence quashed. This ruling comes after the parties reached an amicable settlement, leading to the case's resolution at the…
Non-Bailable Warrant Quashed in Maintenance Case; Trial Courts Directed to Follow Sequence under Section 87 CrPC: Madras High Court
The Madras High Court recently emphasized the importance of following proper procedure while issuing Non-Bailable Warrants (NBW) in maintenance cases. Justice L Victoria Gowri observed that the object of Section 125 CrPC is social justice. Courts must ensure that maintenance orders are implemented while safeguarding…
Husband, as Wife’s ‘Protector’, Bears Higher Burden under Section 106 Evidence Act to Explain Her Death; Life Imprisonment Upheld: Allahabad High Court
In a significant judgment, the Allahabad High Court observed that a husband is presumed to be the protector of his wife, and when it is established that he was last seen with her, his threshold of explanation under Section 106 of the Indian Evidence Act stands on a higher pedestal than a normal person. The bench…
Sensational Verdict Delivered; POCSO Conviction Struck Down After Major Lapses Found in Evidence: Bombay High Court
The Bombay High Court at Aurangabad has acquitted Shivaji S/o. Mahadu Gunjal in a serious case involving allegations under the Section 376(1) IPC and Section 4 POCSO Act, after finding major inconsistencies in the prosecution’s evidence and strong indications of tutoring of the child witness. Justice Neeraj P. Dhote…
Whether a Non-Advertised Project Requires Mandatory RERA Registration to Be Examined: Bombay High Court
The Bombay High Court, Aurangabad Bench, on November 25, 2025, granted interim relief to Goldendreams Buildcon Pvt Ltd by staying the directions issued by the Maharashtra Real Estate Appellate Tribunal. The Tribunal had earlier directed the appellant to register Wings B and C of the Project Flamingo within sixty days,…
Executive Cannot Enforce Domestic Violence Order; Annulment of Husband’s Land Possession Certificate Quashed: Gauhati High Court
The Gauhati High Court recently quashed an order passed by the appellate authority under the Arunachal Pradesh Land Management Department that had cancelled a Land Possession Certificate (LPC) issued to a husband. The cancellation was based on an alleged violation of an interim order passed by the Trial Court in favor…
