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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

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Bombay High Court Dismisses Petition Challenging FEMA Show Cause Notices Against BCCI President. Section 42 of FEMA applies to persons in charge of and responsible for the conduct of business of a company, and the petitioner as President is covered.

The petitioner, Shashank Vyankatesh Manohar, was the President of the Board of Control for Cricket in India (BCCI) from 2008 to 2011. During this peri...

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Bombay High Court Grants Interim Injunction in Franchise Dispute Over Confidentiality and Copyright Infringement. The court restrained the defendant from breaching confidentiality, making false statements, and infringing copyright under the Franchisee Agreement.

The plaintiffs, Villa Moda General Trading Co. W.L.L. and another, filed a suit against Chordia Fashions Pvt. Ltd. seeking various injunctions arising...

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Supreme Court Allows Appeal in Cooperative Bank CEO Appointment Dispute — Upholds Apex Society's Power to Depute Cadre Officers. Section 54(3) of Chhattisgarh Co-Operative Societies Act, 1960 obligates District Central Cooperative Bank to accept CEO deputed by State Cooperative Bank from its cadre.

The dispute arose from the appointment of the Chief Executive Officer (CEO) of the first respondent, Zila Sahkari Kendriya Bank Maryadit, a District C...

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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...