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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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Bombay High Court Adjudicates Writ Petition Against IGST Demand of Rs.1524 Crores on Arbitration Award Damages. Issue Pertains to Whether Damages Paid Under Deemed Decree Constitute Consideration for Taxable Service Under IGST Act, 2017.

The dispute centers on a writ petition filed by Tata Sons Private Limited (Tata) under Article 226 of the Constitution of India, challenging an intima...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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High Court of Karnataka Dismisses State's Commercial Appeal, Upholds Arbitral Award in ICT Project Dispute — Termination Found Unlawful. Composite Contract and Direct Nexus Between State and Consortium Rendered Claim Maintainable, and Arbitral Award of Rs.178.98 Crores Not Against Public Policy.

The appeal arises from an arbitral award of Rs.178,98,38,525 in favour of respondent No.1, a consortium partner, against the State of Karnataka for wr...

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Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...