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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Full and True Disclosure. Petitioner's claim of set off of unabsorbed depreciation was disclosed in return and notes, hence no failure to disclose material facts.

The petitioner, Mukand Limited, a company incorporated under the Indian Companies Act, 1913, filed a writ petition challenging a notice dated 26th Apr...

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994.

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challeng...

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Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Supreme Court Transfers Section 34 Petitions to Delhi High Court Following Designation of Seat of Arbitration as New Delhi. The Court held that once the seat of arbitration is designated, only courts where the seat is located have exclusive jurisdiction under the Arbitration and Conciliation Act, 1996.

The Supreme Court dealt with multiple transfer petitions and a civil appeal arising from orders passed by the Additional District Judge-cum-Presiding ...

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Supreme Court Upholds Discharge of Accused in Abetment to Suicide Case — Calling a Woman 'Call-Girl' Does Not Constitute Instigation Under Section 306 IPC. The court held that abusive words without intent to cause suicide do not amount to abetment, and the suicide was not proximate to the incident.

The State of West Bengal appealed against the High Court's order discharging the respondents-accused from the charge under Section 306 read with Secti...