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Karnataka High Court Hears Writ Petition Challenging Recall of Tender for Mine Operator Under Section 14 of Karnataka Transparency in Public Procurement Act, 1999. Court Examines Whether Lowest Bidder Has Vested Right and Whether Conviction of Ex-Directors Justifies Cancellation.

The Karnataka Power Corporation Limited (the Corporation) issued a notice inviting tender on 02.12.2020 for the selection of a Mine Operator for the d...

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Karnataka High Court Dismisses Appeal for Impleadment in Winding Up Proceedings Due to Lack of Shareholding and Delay. Appellant, who sold his shares and ceased to be a shareholder, cannot seek impleadment in company winding up proceedings under Section 483 of the Companies Act, 1956.

The appellant, Dr. Kirtivan D. Kotian, along with his family members, originally held over 95% shares of M/s S. Manikya Plastichem Private Limited and...

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High Court of Bombay Examines Jurisdictional Challenge to Transfer Pricing Adjustment on Equity Share Issuance. Whether Alleged Shortfall in Premium Constitutes Income from International Transaction Under Chapter X of Income Tax Act, 1961.

Vodafone India Services Pvt. Ltd. (the Petitioner), a wholly owned subsidiary of a non-resident holding company, required funds for its telecommunicat...

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Bombay High Court Allows Public Interest Litigation to Protect Land for Government Sports Complex at Navi Mumbai. CIDCO's commercial allotment of land earmarked for sports complex quashed; State Government's decision to shift complex to remote location set aside.

The Bombay High Court was hearing a Public Interest Litigation filed by the Indian Institute of Architects, Navi Mumbai Center, challenging the action...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Supreme Court Allows Appeals Against Quashing of Prosecution of Municipal Commissioners Under Water Pollution Act. Holds That Commissioner of City Municipal Council and Chief Officers Are 'Head of Department' Under Section 48 of Water (Prevention and Control of Pollution) Act, 1974.

The Karnataka State Pollution Control Board filed complaints against the City Municipal Council, Krishnarajapuram, Bangalore, and its Commissioner (B....

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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Bombay High Court Delivers Oral Judgment on Sanction of Scheme of Arrangement Amid BIFR Pendency. Maintainability Under Sections 391 and 394 of Companies Act, 1956 Against Overriding Effect of Sick Industrial Companies (Special Provisions) Act, 1985 Considered.

The petitioner, Ashok Organics Industries Ltd., incorporated in 1973, filed a petition under Sections 391 and 394 of the Companies Act, 1956, seeking ...