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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appoin...

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Bombay High Court Allows Petition for Section 54 Exemption on Purchase of House in USA — Amendment by Finance (No.2) Act 2014 Not Retrospective. The Court held that the amendment restricting exemption to investment in India is prospective and does not apply to transfers before 1st April 2015.

The petitioner, Hemant Dinkar Kandlur, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a...

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Bombay High Court Allows Pre-Arrest Bail to Appellant in SC/ST Act Case — Prima Facie Case Not Made Out. Allegations of Casteist Abuses and Cheating Found Vague and Civil in Nature Under Sections 3(1)(f)(r)(s) of SC/ST Act and Sections 406, 420, 506 IPC.

The appellant, Smt. Dharmishtha Bafna, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atroc...

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High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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Bombay High Court Quashes Suspension of Chemist's Licence for Substandard Drugs — Petitioner Furnished Manufacturer Details and Discontinued Sale, No Lack of Diligence Established Under Section 34 of Drugs and Cosmetics Act, 1940.

The petitioner, Kedarnath Saraf, was a licensed chemist and druggist under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945. ...

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Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...