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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.

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

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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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High Court of Karnataka Allows Plaintiff's Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Appointment of Commissioner in Injunction Suit. Trial Court Directed to Reconsider Application for Appointment of Commissioner on Merits Considering Urgency and Irreparable Loss.

The petitioner, Newspace Research and Technologies Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging a...

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High Court of Karnataka Quashes Arbitration Proceedings in Chit Fund Dispute for Lack of Jurisdiction. Arbitration Clause in Chit Fund Agreement Not Binding as Chit Fund Act Overrides Arbitration and Conciliation Act.

The petitioner, Sri H.B. Shivakumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash arbitration procee...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...