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Bombay High Court Allows Stay of Demand for Slum Rehabilitation Authority in Income Tax Exemption Case — Prima Facie Case Established for Section 11 Exemption Despite Section 2(15) Proviso. Statutory Authority's Non-Profit Slum Rehabilitation Activities Held Charitable, Not Commercial.

The Petitioner, Slum Rehabilitation Authority, a statutory body established under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment...

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Supreme Court Allows Appeal of Contemnor in Criminal Contempt Case — Remorse and Apology Accepted. Court holds that genuine remorse and unconditional apology can purge contempt, and mercy must remain integral to judicial conscience under Contempt of Courts Act, 1971.

The present appeal is by the appellant-contemnor under Section 19(1)(b) of the Contempt of Courts Act, 1971, against the judgment dated 23rd April, 20...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance for credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

The plaintiffs, IAL Logistics India, a freight forwarding company, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against d...

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Supreme Court Upholds Contempt Proceedings Against Litigant for Frivolous Filings and Disparaging Judicial Remarks. Court imposed costs and restrictions on future public interest litigations due to abuse of process and violation of orders under Contempt of Courts Act, 1971.

The dispute originated from a writ petition filed by Suraz India Trust, represented by its chairman Mr. Rajiv Daiya, against the Union of India. The S...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiffs in Leave and License Dispute — Defendant's Unconditional Appearance Precludes Leave to Defend. The Court held that the Defendant failed to raise any triable issues and was not entitled to leave to defend under Order XXXVII CPC.

The Plaintiffs, M/s. Mangla International Pvt. Ltd. and others, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, a...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Bombay Initiates Suo Motu Contempt Against Advocate for Disrupting Court Proceedings. Advocate's Rowdy Behavior and Improper Language in Court Amounts to Prima Facie Criminal Contempt Under Contempt of Courts Act, 1971.

The High Court of Bombay, on its own motion, initiated contempt proceedings against Mr. N.B. Deshmukh, an advocate, based on an incident that occurred...