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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Bombay High Court Upholds Maintenance Tribunal's Order Declaring Gift Deeds Void Under Senior Citizens Act, 2007. Son's Failure to Provide Basic Amenities to Father Constitutes Neglect Under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner, Nitin Rajendra Gupta, challenged an order dated 31 October 2022 passed by the Maintenance Tribunal under the Maintenance and Welfare o...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Declines to Answer Reference on Academic Issue When Underlying Writ Petition Disposed of. Full Bench holds that a larger bench cannot answer a reference for academic purposes when the cause is not live.

The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v....

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Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Construction Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court held that the arbitral tribunal's interpretation of contractual clauses was plausible and not patently illegal.

The petitioner, Maharashtra State Road Development Corporation Ltd., entered into a contract with the respondent, Jai Laxmi Constructions Engineers An...