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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Agreement Dispute. Option to Purchase Not Exercised Does Not Convert Licence into Sale.

The plaintiff, Polaroid India P.Ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of Rs.1,60,00,000/- being ...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Service Agreement Dispute. Court holds that an arbitral award granting refund of mobilization advance and damages for breach of contract does not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hind Offshore Private Limited, filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Orders in Newspaper Employee Reinstatement Cases — Held that Workmen are Entitled to Reinstatement with Continuity of Service and Back Wages for Unfair Labour Practices Under MRTU & PULP Act, 1971.

The judgment involves a batch of writ petitions filed by Lokmat Media Private Limited (formerly Lokmat Newspapers Private Limited) challenging orders ...

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Bombay High Court Rejects Plaint for Non-Compliance with Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Urgent Interim Relief and Without Mandatory Mediation is Barred.

The defendant, Dipti Co-operative Housing Society Ltd, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking reje...

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High Court of Bombay at Goa Dismisses State's Appeal in Contract Dispute, Upholds Decree for Payment of ₹43,03,412.92 with Interest. Delay and Hindrances Caused by State Constitute Breach of Contract, Entitling Contractor to Damages.

The State of Goa, through the Chief Secretary, appealed against the judgment and order dated 12.11.2009 passed by the District Judge-II, North Goa, Pa...