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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Dismisses Petition Seeking Disqualification of Panch Member for Pecuniary Interest. Court holds that return of amount before meeting cures disqualification under Goa Panchayat Raj Act, 1994.

The petitioner, Edwin Rodrigues, filed a writ petition seeking disqualification of respondent no.1, Maria Leena Da Cunha, a panch member of the Villag...

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Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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Bombay High Court Quashes FIR Against Accused in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Intention. Mere dishonour of cheque does not attract Section 420 IPC without proof of fraudulent or dishonest inducement at the time of borrowing.

The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 86/201...