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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration.

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distributio...

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Bombay High Court Issues Rule in Criminal Contempt Reference Against Accused for Threatening and Scandalizing Metropolitan Magistrate. Persistent Harassment, Intimidation, and Obstructing Judicial Proceedings Prima Facie Constitute Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The matter arose from a criminal contempt reference made by the Metropolitan Magistrate, 17th Court, Borivali, Mumbai, under Section 15(2) of the Cont...

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Gujarat High Court Quashes Collector's Order Changing Gamthal Land to Agricultural Land — Violation of Natural Justice and Lack of Jurisdiction. District Collector lacked authority to convert Gamthal land tenure without notice to landowners under Gujarat Land Revenue Code, 1879.

The writ applicants, Makhansinh Mulji Rajput and others, filed a Special Civil Application under Article 226 of the Constitution of India before the G...

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High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigati...

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"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...