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Bombay High Court Dismisses Appeal Against Single Judge's Ruling on Lack of Jurisdiction in Section 34 Petition — Seat of Arbitration Determines Exclusive Jurisdiction Under Section 2(1)(e) of Arbitration and Conciliation Act, 1996.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court, who held that the court had no jurisdiction to entertain a petiti...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

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NOTICE OF MOTION NO. 2486 OF 2005

The suit was filed by shareholders of Spice Jet Ltd, a domestic airline company formerly known as Modi Luft, which had undergone several ownership cha...

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Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

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Supreme Court Dismisses Appeals in National Green Tribunal Act Case Upholding Illegal Storage Facility Removal. Ex Post Facto Clearance Under 2011 Notification Invalid as Storage Terminal Not Located 'In' Notified Port Under Paragraph 8 of Environment Protection Act, 1986.

The appeals were lodged under Section 22 of the National Green Tribunal Act, 2010, challenging the National Green Tribunal's order that set aside an e...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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High Court of Karnataka Considers Challenge to Penalty Under Excise Rules for Short-Lifting of Liquor. The court heard arguments on additional grounds after noting that the issue was covered by a previous order in Lakshmi Bar and Restaurant Case.

The High Court of Karnataka heard a batch of connected writ petitions filed by several CL-9 licence holders, including M/s. High Point Hotels Pvt. Ltd...

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WRIT PETITION NO. 3310 OF 2017

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Allows Writ Petition Challenging Withdrawal of Eligibility Communication Under Direct Tax Vivad Se Vishwas Act, 2020. Interpretation of Section 9(c) of DTVSV Act: Pending criminal proceedings without charge-sheet or not relating to tax matters do not bar eligibility.

The petitioner, Reliance Industries Limited, filed a writ petition challenging the withdrawal of a communication dated 21st October 2020 issued by the...