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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Karnataka Dismisses Petition Challenging Refusal to Set Aside Ex-Parte Decree in Suit for Permanent Injunction — Held That Trial Court's Discretionary Order Did Not Suffer from Jurisdictional Error or Perversity.

The petitioners, who were defendants in a suit for permanent injunction filed by the respondent-company, challenged the order of the trial court dated...

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Bombay High Court Disposes of Writ Petition with Direction for Partial Deposit, Stays Penalty Recovery in Tax Dispute. Assessing Officer's Rejection of Stay Application Without Reasons Held Improper; Stay Orders Must Reflect Prima Facie Assessment Under Section 220(6) Income Tax Act, 1961.

The writ petition was filed by Deloitte Consulting India Pvt. Ltd., a joint venture company, challenging a notice of demand dated 30 March 2012 issued...

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Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...