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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Bombay High Court Examines Whether Writ Petition Lies Against National Stock Exchange for Termination. Maintainability Questioned on Grounds That NSE is Not State Under Article 12 and Dispute is Contractual.

The petitioner, Suprabhat Lala, was appointed as a Manager with the National Stock Exchange (NSE) on 1 October 2001 under terms and conditions set out...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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High Court of Judicature at Bombay Hears Writ Petitions Against Charity Commissioner's Sanction for Sale of Public Trust Property — Challenge Raised on Grounds of Lack of Public Auction and Violation of Natural Justice Under Section 36 of Bombay Public Trusts Act, 1950.

The writ petitions challenged the Charity Commissioner's order dated 2/9/2011 granting sanction to the trustees of a public trust to sell trust proper...

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High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...

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High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...