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High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Notice Issued Beyond Four Years Based on Same Material as Original Assessment Held Invalid.

23 Feb 2023

The petitioner, Vibrant Securities Private Limited, a company engaged in stock broking and proprietary trading, challenged a notice under section 148 ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award on Limitation Grounds — Section 34 Application Filed Beyond Limitation Period. Court holds that period of limitation for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 runs from the date of receipt of the original award and is not extended by a subsequent correction application under Section 33.

7 Jan 2014

The petitioner, Marwadi Shares & Finance Ltd, a member of the National Stock Exchange and Bombay Stock Exchange, had disputes with its constituent, re...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Companies Act Case — Lack of Sanction Under Section 447 of Companies Act, 2013. Complaint Filed Without Prior Approval of Central Government or Authorized Body as Required Under Section 439 of Companies Act, 2013, Rendering Proceedings Invalid.

26 Nov 2015

The judgment pertains to a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by ten petitioners who were dir...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Claim for Unauthorised Transactions in Stock Broker Account. Court upholds arbitral finding that claim was barred by limitation and lacked merit due to acknowledgments of contract notes.

26 Jun 2014

The petitioner, a constituent of the respondent stock broker, filed an arbitration petition challenging an award dated 7th January 2011 that rejected ...

High Court

High Court of Judicature at Bombay Aurangabad Bench Considers Applications to Quash Process Issued Under Section 138 of the Negotiable Instruments Act, 1881 for Want of Specific Averments Under Section 141. Applicants, Former Directors, Assert They Ceased to Be Directors Before the Offence and Were Not in Charge of Daily Affairs.

6 May 2014

The High Court of Judicature at Bombay, Aurangabad Bench heard three criminal applications filed under Section 397 read with Section 482 of the Code o...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

13 Mar 2012

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Reasonable Belief of Income Escaping Assessment. Reopening Beyond Four Years Without Fresh Material Constitutes Change of Opinion on Same Set of Facts.

11 Mar 2020

The petitioner, Gateway Leasing Pvt. Ltd., a non-banking financial company registered under the Companies Act, 1956, filed a writ petition under Artic...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

High Court

Bombay High Court Dismisses Revenue's Appeal in Bank Taxation Case — Excess Cash at Counters Not Income, PF Dues Grace Period Allowed, Interest on Securities Not Accrued, Bad Debt Deduction Upheld, Advance Income Not Taxable. The court upheld the ITAT's order deleting additions and directing allowances on five issues under the Income Tax Act, 1961.

23 Apr 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) for assessment year 2002-03, raising five questions of law. The fir...

High Court

Bombay High Court Dismisses Appeal in Share Dispute — No Grounds for Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Tribunal's Findings on Non-Delivery of Shares and Limitation Were Not Perverse or Contrary to Law.

4 May 2021

The appellant, M/s Satish K. Narang & Co., an investor, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against the ju...

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