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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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Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death Due to Truck Driver's Negligence. Insurer failed to prove breach of policy conditions; award of Rs.29,51,000/- with 7% interest confirmed under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the widow and son of Mahendra Sonawane, who died in a collision on 21 February 2007. The deceased...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...

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Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

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Bombay High Court Quashes Revisional Order Allowing Liquor Licence in Village Where Women's Gramsabha Resolution Banned Liquor — Held That Gramsabha Resolution Under Section 138 of Bombay Prohibition Act, 1949 Must Be Given Due Weight and Cannot Be Ignored by Revisional Authority.

The petitioners, residents of Village Chas (kaman), Taluka Khed, Dist. Pune, filed a writ petition under Articles 226 and 227 of the Constitution of I...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case — Upholds Disallowance of Capital Losses and Business Loss on Guarantee Transactions. Tribunal's findings on sham transactions and lack of commercial substance affirmed under Income Tax Act, 1961.

The appellant, Killick Nixon Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tri...