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Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not Bound by Arbitration Clause. Clause 16 in Separate Share Purchase Agreement Expressly Disconnected Sale of Shares from MoS, Precluding Arbitration Under the Arbitration and Conciliation Act, 1996.

The dispute arose from a Memorandum of Settlement (MoS) dated 09.05.2022, wherein KKH Finvest Private Limited (appellant No. 1) intended to acquire Se...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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Supreme Court Dismisses Appeal of Company in Consumer Protection Case, Holding Purchase of Software for Business Expansion is Commercial Purpose. Company Not a 'Consumer' Under Section 2(1)(d) of Consumer Protection Act, 1986 as Goods Used for Profit Generation.

The appellant, a company incorporated under the Companies Act, filed a consumer complaint before the State Consumer Disputes Redressal Commission, Del...

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Karnataka High Court Hears Writ Petition Challenging Recall of Tender for Mine Operator Under Section 14 of Karnataka Transparency in Public Procurement Act, 1999. Court Examines Whether Lowest Bidder Has Vested Right and Whether Conviction of Ex-Directors Justifies Cancellation.

The Karnataka Power Corporation Limited (the Corporation) issued a notice inviting tender on 02.12.2020 for the selection of a Mine Operator for the d...

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Bombay High Court Acquits Accused in Murder and Robbery Case Due to Lack of Circumstantial Evidence. Conviction Based on Last Seen Theory and Recovery of Stolen Articles Fails as Circumstantial Evidence Does Not Form Complete Chain Pointing to Guilt Under Sections 302 and 392 of Indian Penal Code, 1860.

The appellant, Radhe Zulidas Mandal, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 34 of 2012 for offences under...

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Bombay High Court Acquits Appellant in Wife Murder Case Due to Incomplete Circumstantial Evidence. Conviction under Section 302 IPC set aside as chain of circumstances did not exclude possibility of suicide.

The appellant, Prashant Mahatme, was convicted by the Sessions Judge, Nagpur for the murder of his wife Rajni under Section 302 IPC and for causing di...

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Bombay High Court Dismisses DRI's Challenge to Settlement Commission Order in DEPB Scheme Case — No Liability for Alleged Overvaluation. Settlement Commission's finding of no fraud or misrepresentation by exporter upheld as finding of fact not open to interference under Article 226.

The Directorate of Revenue Intelligence (DRI) filed a writ petition under Article 226 of the Constitution of India challenging an order dated 6 March ...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...