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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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Supreme Court Allows Complainant's Appeal in Criminal Quashing Case — High Court Erred in Quashing Criminal Proceedings Under Section 482 CrPC Without Considering Prima Facie Case. Allegations of Forgery and Cheating in Sale Deed Execution Require Trial, Not Quashing at Threshold.

The appellant-complainant lodged a private complaint against the private respondents alleging offences under Sections 120B, 201, 419, 471, 468 and 420...

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Karnataka High Court Hears Revenue Appeal on Deletion of Additions for Bogus Transportation, Illegal Mining, and Helicopter Expenses. The Court Examines Whether the ITAT's Deletions Were Perverse and Whether Cross-Examination Rights Were Adequately Protected Under the Income Tax Act, 1961.

The appeal before the Karnataka High Court arose from an order of the Income Tax Appellate Tribunal (ITAT), Bengaluru, which partly allowed the assess...

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Bombay High Court Allows Discharge of Director in Corporate Dispute — Criminal Proceedings Quashed Due to Civil Nature of Transaction. Failure to Repay Loan or Breach of Contract Does Not Attract Offences Under Sections 406, 409, 420, 467, 468, 471, 472 IPC When No Criminal Intent is Established.

The petitioner, Capt. Percy Meher Master, filed a criminal writ petition challenging the rejection of his discharge application in Regular Criminal Ca...

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High Court of Karnataka Quashes Cancellation of Fair Price Depot Authorization Due to Violation of Natural Justice — Petitioner's Card Holder Status Restored. Show Cause Notice Not Served on Petitioner Before Cancellation of His Card, Rendering the Order Void.

The petitioner, Swamy, was a card holder in a fair price depot run by the 6th respondent, Smt. H.M. Bhagya. Based on a complaint by the petitioner and...

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Bombay High Court Directs Medical Examination of Dementia Patient in Guardianship Petition Under Parens Patriae Jurisdiction. Son and Daughter Seek Guardian Appointment for Mother; Article 226 Petition Invoked to Protect Vulnerable Person.

This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are t...

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Bombay High Court Considers Whether Unaided Minority Schools Are Bound by 25% Admission Obligation Under RTE Act. The Court Examines if Land Grants or Nominal Lease Rents Constitute Government Aid Under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009.

The Bombay High Court was called upon to decide a clutch of writ petitions that raised a significant legal question concerning the applicability of th...

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High Court of Karnataka Quashes Disqualification of Municipal Members for Non-Submission of Caste Certificate — Violation of Natural Justice. State Election Commission's Order Set Aside for Lack of Opportunity to Produce Certificate Under Section 16(1) of Karnataka Municipalities Act, 1964.

The petitioners, elected members of Anekal Municipality, were disqualified by the Karnataka State Election Commission vide order dated 15.11.2021 for ...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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Bombay High Court Considers Whether Notification 14/2010-ST is Clarificatory for Service Tax on Drilling Rigs in Continental Shelf. Appeal Admitted on Questions of Territorial Applicability of Service Tax to Offshore Drilling Services Under Finance Act, 1994.

The appellant, M/s. Greatship (India) Ltd., entered into contracts with ONGC in February and May 2009 to provide offshore drilling services using hire...