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High Court Allows Appeal in ESI Act Case, Holds Medicine Storage in Refrigerator Not Manufacturing Process. Trader Not Liable Under ESI Act for Cold Storage of Medicines

The Appellant, Madhu Malti Enterprises, a medicine distributor, appealed against an ESI Court order holding that storing medicines in a refrigerator c...

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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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High Court of Karnataka Quashes Tender Cancellation in Sandranol Procurement Dispute — Violation of Natural Justice and Arbitrary Action. Tender Cancellation Order Set Aside as Issued Without Show Cause Notice and Based on Unsubstantiated Allegations of Price Manipulation.

The petitioner, M/s. Bannari Constructions, a distributor of perfumeries including Sandranol, challenged the cancellation of a tender floated by Karna...

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NCLAT Dismisses Shareholder's Appeal Against Admission of CIRP for Corporate Debtor Under Section 9 IBC. Pre-Existing Dispute Not Established as Dispute Raised After Demand Notice and Lacking Evidence.

The present appeal was filed by Surendra Sancheti, a shareholder of Altius Digital Private Limited (Corporate Debtor), under Section 61 of the Insolve...

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Bombay High Court Grants Interim Injunction Against Former Employees and Transporter for Design Infringement and Passing Off of Copper Tubes. Registered Designs under Designs Act, 2000 held valid and infringed by identical products.

The plaintiff, Mandev Tubes Pvt Ltd, a manufacturer of copper tubes since 1964 with an annual turnover of Rs. 11 crores, filed a suit alleging design ...

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Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...

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NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit.

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr...