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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Supreme Court Allows Appeal in Income Tax TDS Case — Liquor Vendors Are Not 'Buyers' Under Section 206C of Income Tax Act, 1961. Court holds that excise contractors acquiring arrack under state-controlled system are excluded from definition of 'buyer' under Explanation (a)(iii) of Section 206C.

The appeal arose from a dispute under Section 206C of the Income Tax Act, 1961, concerning tax collection at source on the sale of alcoholic liquor. T...

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994.

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challeng...

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Supreme Court Allows State's Appeal in Sales Tax Dispute: Oxygen Used in Steel Manufacturing Held Not 'Raw Material' for Concessional Tax Rate. Court Restores Assessment Order Levying 3% Tax on Oxygen Sold to Tata Steel Under Section 13(1)(b) of Bihar Finance Act, 1981.

The Supreme Court of India allowed the appeals filed by the State of Jharkhand against the judgment of the Jharkhand High Court, which had held that o...

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Bombay High Court Dismisses Passing Off and Copyright Infringement Suit for Lack of Evidence of Prior Use and Reputation. Oral Agreement Claim Fails as Plaintiffs Cannot Establish Exclusive Rights Over 'Puranmal' Mark and Chef Logo.

The plaintiffs, Abhay Agarwal, Ajay Agarwal, and Puranmal Restaurant, a partnership firm based in Dubai, filed a suit against Puranmal Goods Private L...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Dismisses Petition Challenging Distance Requirement Between General and Hazardous Cargo at Container Freight Stations. Circular 4/2011 and Public Notice 8/2011 prescribing 30-meter distance held valid under Customs Act, 1962 and Environment (Protection) Act, 1986.

The petitioner, M/s. CFS Association of India, representing eleven Container Freight Stations (CFS) handling nearly 80% of local container cargo at Nh...