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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Grants Interim Protection to Petitioners in Commercial Arbitration Petition Under Section 9 of Arbitration Act. Exclusive Rights to Manufacture Ice Cream Under 'Vadilal' Brand in Designated Territories Preserved Pending Arbitration Arising from 1993 Family Settlement.

Shailesh R. Gandhi, Bela S. Gandhi, and Vadilal Dairy International Limited (formerly Super Milk Makers Private Limited) filed a petition under Sectio...

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Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...

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Supreme Court Upholds State's Levy of Sales Tax on Cane Jaggery While Exempting Palm Jaggery Under Madras Act. Classification Upheld as Cane and Palm Jaggery Are Commercially Different and Tax Does Not Violate Article 14 or 301.

The appellants, dealers in cane jaggery in Tamil Nadu, challenged the levy of sales tax on cane jaggery while palm jaggery remained exempt, under the ...

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High Court of Karnataka Adjudicates Batch of Petitions Challenging Forest Development Tax Notification on Mining Leases; Examines Legislative Competence under Karnataka Forest Act and Forest (Conservation) Act.

A batch of writ petitions was filed before the High Court of Karnataka challenging the validity of Notification No. FEE/23/2007-08 dated 16.08.2008 is...

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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Allegations of Cheating and Criminal Intimidation Not Made Out. Transaction Between Complainant and Service Centre Was Essentially Civil, No Criminal Intent Established Under Sections 420, 506 IPC.

The applicants, who are accused in FIR No.7/2015 registered at MIDC Police Station, Ahmednagar for offences under Sections 420 and 506 read with Secti...

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Karnataka High Court Considers Criminal Petition Under Section 482 CrPC Seeking Quashing of Private Complaint for Alleged Forgery and Cheating. The Petitioners, Accused Nos. 4 to 6, Alleged that the Complaint Was Civil in Nature and Filed After Unexplained Delay.

The petitioners, accused Nos. 4 to 6 in private complaint P.C.R.No.74 of 2022, filed a criminal petition under Section 482 of the Code of Criminal Pro...

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Karnataka High Court Allows Input Tax Credit Based on Annual Audited Accounts in KVAT Act Cases. The court held that Section 10(3) of the KVAT Act permits availment of input tax credit based on the annual audited statement in Form VAT 240, irrespective of the claim in returns under Section 35.

The judgment involves multiple writ petitions filed by M/s MFAR Constructions Pvt. Ltd. and M/s Mangalore Force, challenging the interpretation of Sec...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...