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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC....

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payments, and the bank filed a suit for recovery of Rs. 8...

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Bombay High Court Dismisses Quashing of Domestic Violence Complaint Against Female Relatives. Definition of 'Respondent' Under Section 2(q) of Protection of Women from Domestic Violence Act, 2005 Includes Adult Female Members of Family....

The applicants, who are adult female members of the family, challenged an order dated 10/3/2014 passed by the Judicial Magistrate, First Class, Nagpur, rejecting their application (Exh.40) for dismiss...

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Bombay High Court Allows Quashing of Trial Court Order in NI Act Case — Objections to Marking of Documents Must Be Decided Then and There. Trial Court's Deferral of Objections to Final Stage Held Contrary to Law Under Section 138 of Negotiable Instruments Act, 1881....

The applicants, M/s. Nexus Minmet Merchandising Private Limited and its directors, were facing a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by respondent No.2, M/s B. S....

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Bombay High Court Upholds Tax on Hire Purchase Components Under Bombay Sales Tax Act — Option Money, Insurance, and Hire Premium Included in Sale Price. Hire Purchase Transaction Constitutes a Sale and Resale Deduction Under Section 8 Not Available....

The case involves two sales tax references under the Bombay Sales Tax Act, 1959, arising from the Maharashtra Sales Tax Tribunal. The applicant, M/s. Tata Engineering and Locomotive Co. Ltd. (now Tata...

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Bombay High Court Allows Execution of Arbitral Award Despite Challenge Under Section 34 — Court Holds It Has Jurisdiction as Court Which Passed Decree Under Section 38 CPC. The court clarified that territorial jurisdiction for execution is determined by the court that passed the decree, not the location of the judgment debtor's residence or properties....

The applicant, L&T Finance Limited, obtained an arbitral award against M/s. Seven Hills Construction and others. The applicant filed an execution application in the Bombay High Court seeking various r...

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Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme....

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrospectively amended the Foreign Trade Policy (FTP) an...

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Bombay High Court Quashes Deficit Stamp Duty Demand on Development Agreement — Agreement Not a Conveyance Under Bombay Stamp Act, 1958. Development Agreement Held Chargeable Under Article 5(ga) at 1% of Consideration, Not Market Value....

The petitioner, M/s. Prasun Developers, challenged orders of the Joint District Registrar and Collector of Stamps, Pune, and the Deputy Inspector General of Registration, Pune, which demanded deficit ...

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Bombay High Court Dismisses Petition Challenging CBI Preliminary Enquiry Registration — No Violation of Lalitha Kumari Deadline as Enquiry Was Completed Within Extended Period. Petitioner, a Chief Vigilance Officer, failed to establish that the preliminary enquiry exceeded the seven-day limit under Section 154 CrPC as interpreted in Lalitha Kumari....

The petitioner, Sanjeev Kumar Gupta, was serving as Chief Vigilance Officer with Western Coalfields Limited, Nagpur. He alleged that he was on inimical terms with the late Chairman and Managing Direct...