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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958....

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respondents under Section 9 of the Arbitration and Conci...

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High Court of Karnataka Quashes Penalty Orders Against Directors for Non-Deduction of TDS on Interest Paid to Non-Resident — Failure to Comply with Section 195 of Income Tax Act, 1961...

The petitioners, Sri A.S. Chinnaswamy Raju and Sri C.S. Sunder Raju, directors of M/s Sunray Computers Pvt. Ltd., challenged two orders dated 14.11.2013 passed by the Income Tax Officer (International...

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Bombay High Court Allows Minor Student's Petition Challenging Rejection of Scheduled Tribe Certificate — Prior Judicial Declaration in Favour of Paternal Aunt and Consistent Documentary Evidence Compel Issuance of Validity Certificate. The Scrutiny Committee's Order Quashed for Ignoring Relevant Material and Binding Precedent....

The petitioner, a minor student represented by his father, challenged an order dated 28 November 2002 passed by Respondent No.2, the Committee for Scrutiny and Verification of Tribe Claims, Konkan Div...

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Bombay High Court Allows Heirship Certificate Petition, Holds Limitation Act Not Applicable to Heirship Applications Under Bombay Regulation Act, 1827. Heirship Certificate is Formal Recognition of Heirs, Not Subject to Limitation or Physical Capacity Considerations....

The petitioner, Ganpati Vinayak Achwal, aged 85, applied for an heirship certificate under Rule 2 of the Bombay Regulation Act, 1827, in respect of his father and two uncles who died as bachelors, lea...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence. Allegations of Demand for Gold and Silver Articles Not Proved Beyond Reasonable Doubt Under Section 304-B IPC....

The State of Maharashtra appealed against the judgment and order dated 19th April 1995 passed by the 2nd Additional Sessions Judge, Osmanabad in Sessions Case No.164/1994, whereby the respondents (ori...

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Bombay High Court Allows Petition by Supplying Agent in Co-operative Dispute Over Seed Liability — Petitioner Not Liable as It Was Not a Party to the Loan Transaction. Co-operative Appellate Court Exceeded Jurisdiction in Review by Fixing Liability on Non-Party....

The petitioner, Nanded Zilla Krushi Audyogik Society Ltd., filed a writ petition challenging two orders of the Maharashtra State Co-operative Appellate Court. The first order dated 6-8-1998 was passed...

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Bombay High Court Upholds Conviction of Brother for Causing Grievous Hurt to Crippled Sister Under Section 325 IPC. Medical Evidence of Fractured Clavicle and Ribs Corroborates Eyewitness Testimony, Conviction Maintained....

The appellant, Murlidhar Namdeo Thite, was prosecuted in Sessions Case No.127/1996 before the 2nd Adhoc Additional District & Sessions Judge, Shrirampur, under Section 302 of the Indian Penal Code (IP...

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High Court of Karnataka Dismisses Petition Seeking Stay of Divorce Proceedings Pending Nullity Petition Under Section 10 CPC. Nullity and Divorce Petitions Under Hindu Marriage Act, 1955 Involve Distinct Matters in Issue, Hence Section 10 CPC Stay Not Applicable....

The petitioner husband and respondent wife were married on 17 June 2010. The petitioner filed M.C. No. 43/2013 under Section 12 of the Hindu Marriage Act, 1955 before the Family Court at Bangalore see...

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Karnataka High Court Adjudicates Classification of Electrical Insulated Press Board Under Third Schedule of KVAT Act, 2003. Assessee's Claim for Lower Tax Rate as 'Paper' is Examined Under Common Parlance and Trade Parlance Tests....

The assessee, a registered dealer under the CST Act and KVAT Act, manufactured and sold Electrical Insulated Press Board (High Density Board) used in transformers as insulation. The dispute pertained ...

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Bombay High Court Sets Aside Ex Parte Custody Order Due to Lack of Proper Service and Remands Matter for Fresh Hearing. Guardian and Wards Act, 1890 — Sections 6, 7 — Custody of minor child — Ex parte order passed without ensuring effective service on respondent mother....

The present appeal arises from a judgment and order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai, in Petition No. D-75 of 2012. The respondent (Preetimala Sinha) had filed t...