Search Results for "Section 34"

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Bail Denied under Section 437(6) CrPC: Discretionary Power Exercised, Not a Default Right. Trial delay does not grant automatic bail under Section 437(6) of CrPC. Courts must exercise discretion based on facts and circumstances.

The applicant sought bail under Section 437(6) of the CrPC, claiming that the trial was not concluded within 60 days from the first date fixed for evi...

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"Supreme Court Upholds Arbitration Award in OPG Power Case: Acknowledgment of Debt Extends Limitation Period, OPG and Gita Power Held Jointly Liable"

The case of OPG Power Generation Pvt. Ltd. vs. Enexio Power Cooling Solutions India Pvt. Ltd. & Anr. revolves around a commercial dispute concerni...

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"Quashing of FIR for Civil Dispute Between Companies: No Criminal Intent Established" "Dispute over contractual obligations without criminal intent is not prosecutable under Sections 406 and 420 IPC."

The applicants filed an application under Section 482 of the Criminal Procedure Code for quashing FIR No. 652/2020 registered with Jalgaon City Police...

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Bombay High Court Revises Mesne Profits and Interest in Dispute Between Forbes Gokak Ltd. and BPCL. Court fixes quantum of mesne profits while reducing interest rate in long-standing tenancy dispute.

The dispute between M/s. Forbes Gokak Ltd. (landlord) and Bharat Petroleum Corporation Limited (BPCL) (tenant) regarding mesne profits and interest af...

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"Bombay High Court Declares Detention of Hem Prabhakar Shah Illegal" Court Orders Immediate Release Due to Violation of Constitutional and Procedural Rights

The Bombay High Court ruled that the detention of Hem Prabhakar Shah, who was apprehended based on a Look Out Circular (LOC), was illegal due to viola...

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Supreme Court Rules on Stamp Duty Penalty: A Critical Examination of Section 34 of the Karnataka Stamp Act, 1957

The Supreme Court of India, in the case of Seetharama Shetty vs. Monappa Shetty, addressed the legal implications of Sections 33, 34, 37, and 39 of th...

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Supreme Court Restores Arbitration Appeal: High Court to Rehear on Merits. Complete Justice Ensured Under Article 142 of the Constitution.

The Supreme Court of India restored an arbitration appeal concerning a construction contract awarded by the State of Madhya Pradesh. The appeal was pr...

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"High Court Upholds Investigation in Multi-Crore Seva Bank Loan Fraud and Money Laundering Case" "A comprehensive examination of loan misappropriation and money laundering under PMLA provisions."

The Bombay High Court considered multiple writ petitions filed by Amar S. Mulchandani and other petitioners, challenging the validity of investigation...

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Trademark Infringement and Prior Use. Balancing trademark rights and prior use under the Trade Marks Act, 1999.

The court held that prior use of a trademark, if proven to be continuous before the registration of a similar mark, protects the user from claims of i...