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Bombay High Court Allows CHA License Suspension Challenge, Directs Hearing Within Two Weeks. Regulation 21 of Customs House Agent Licensing Regulations, 2004 must be read with natural justice; post-decisional hearing sufficient where immediate action warranted.

The petitioner, S.R.Sale & Co., a Customs House Agent (CHA), challenged an order dated 12 September 2012 passed by the Commissioner of Customs (Genera...

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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High Court of Karnataka Allows Writ Petition Challenging Unilateral Registration of Revocation of General Power of Attorney. Registration of a deed of revocation of GPA by the Sub-Registrar without notice to the original holder is illegal and arbitrary, and the court declared it null and void.

The petitioner, North Roof Ventures Private Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the regist...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Container Detention Charges Collected as Agent Held Not Income of Assessee Due to Agency Relationship and RBI Circular.

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, acted as its agent under an agency agreement dated 1...

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High Court Quashes Assessment Order and Trade Circular as Ultra Vires Section 6A of CST Act. Inter-State Job Work Movement Not Deemed Sale Under Section 6A Because It Does Not Cover Principal-to-Principal Transactions.

The petitioner, a manufacturer and job worker, received spent catalyst from customers within and outside Maharashtra, processed it, and returned the r...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award Holding Stockbroker Liable for Unauthorized Trades by Agent. Broker Failed to Prove Client Authorization for Disputed Trades, Resulting in Compensation of Rs.14,37,200/- to Client.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by IIFL Capital Services Limited (formerly IIFL Secu...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...