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Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Independent Application of Mind by AO. Dividend Stripping Provision Under Section 94(7) of Income Tax Act, 1961 Not Applicable Where Assessee Suffered Net Loss on Sale of Mutual Fund Units Exceeding Dividend Received.

The petitioner, Karan Maheshwari, an individual investor in shares, stocks, securities, and mutual funds, challenged a show cause notice dated 20 Augu...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Establish Criminal Intent Under Section 420 IPC. Allegations of Fraud in Real Estate Transaction Found to Be Purely Civil in Nature, Lacking Ingredients of Criminal Breach of Trust or Cheating.

The Supreme Court allowed the appeal against the judgment of the Madras High Court, which had dismissed the appellants' petition to quash criminal pro...

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Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Investment Dispute. Court upholds award of damages for breach of investment agreement, finding no patent illegality or perversity in arbitrator's findings.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 15th June 2017. The petitioner...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Gift of Shares Without Consideration — Gift Does Not Constitute Income Escape Under the Act.

The petitioner, M/s. Jai Trust, a trust incorporated under the Indian Trust Act, 1882, challenged the legality and validity of a notice dated 12 March...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...