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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Madras High Court Dismisses Revenue's Appeal in Deemed Dividend Case — Advances from Sister Concern for Software Development Held Not Deemed Dividend Under Section 2(22)(e) of Income-Tax Act, 1961. Business Transactions in Ordinary Course Excluded from Deemed Dividend Provisions.

The Revenue filed an appeal under Section 260A of the Income-Tax Act, 1961 against the order of the Income-Tax Appellate Tribunal, Chennai 'C' Bench d...

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Bombay High Court Allows Relaxation of Anticipatory Bail Condition in Cheating Case Due to Petitioner's Inability to Pay. Condition of deposit of 50% of alleged amount under Section 438 CrPC held onerous and relaxed under Section 440 CrPC for daily wage earner.

The petitioner, Abhishek s/o Ashok Malve, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

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Supreme Court Allows Appeal in Specific Performance Suit Regarding Land Sale Agreement; Recital of Advance Payment Is Prima Facie Evidence; Addition of Encumbrance Clause Not Material Alteration

The dispute arose out of an agreement to sell land situated in Kugallur village. The appellant (plaintiff) agreed to purchase the land from the respon...

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High Court of Karnataka Dismisses Appeal in Income Tax Case — Unexplained Cash Deposit of Rs.5,07,900/- Treated as Income Under Section 69A of Income Tax Act, 1961. Assessee Failed to Discharge Onus to Prove Source of Cash Deposited in Bank Account During Demonetization Period.

The appellant, G. Shubha Devi, filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal ...