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Bombay High Court Upholds Arbitral Award in Derivative Transaction Dispute Based on Signed ISDA Agreement. Court Finds No Ground to Interfere Under Section 34 of Arbitration Act as Arbitrator's Findings on Enforceability Are Reasonable.

The dispute arose from two foreign exchange derivative transactions entered into between Sporting India Limited (the Petitioner) and HDFC Bank Limited...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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CRIMINAL WRIT PETITION Nos. 452

Multiple writ petitions and a criminal application were filed before the Bombay High Court, Nagpur Bench, challenging police actions of raiding or sto...

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Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...

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Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

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High Court of Bombay at Goa Considers Legality of Re-opening Assessment Under Income Tax Act, 1961. Court Examines Whether Proceedings Initiated Under Substituted Sections 147-151 After Finance Act Amendment Are Valid for Assessment Year 2013-14.

In this writ petition before the High Court of Bombay at Goa, the petitioner, an individual assessee, challenged the revenue's action of reopening his...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable for Third Party Death. Deceased was a scooterist hit by a luxury bus; insurer failed to prove breach of policy conditions under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Govind Prabhu Patil, was riding a Scooty Pep on 15th November 2012 when a luxury bus (...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Negligence Apportionment. Claimants failed to establish deceased's income and contributory negligence was not considered by Tribunal.

The case arises from a motor accident on 01.07.2009 when Ulhas Kubal, riding a Bajaj Pulsar motorcycle, collided with a rickshaw driven by Ayub Khan a...