Search Results for "wrongful ITC"

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Search Results for "wrongful ITC"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

27 Aug 2014

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

High Court

High Court of Karnataka Quashes Arrest and Remand in GST Case for Non-Compliance with Section 35(3) BNSS Notice Requirement. Failure to Issue Mandatory Notice Under Section 35(3) BNSS Before Arrest Renders Arrest Illegal and Proceedings Vitiated Under Section 69(1) Read with Sections 132(1)(a), 132(1)(b), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act, 2017.

12 Mar 2025

The petitioner, Viral Narendra Gosalia, a proprietor, was arrested by the Senior Intelligence Officer, Directorate General of Goods and Services Tax I...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

11 Mar 2015

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

High Court

Bombay High Court Quashes Freezing of Demat Accounts of Promoter for Non-Compliant Company Under SEBI Circulars — Violation of Natural Justice and Proportionality. Freezing of all securities held by a promoter in a non-compliant company, including unrelated investments, without notice or hearing is arbitrary and illegal under Article 14, 21, and 300A of the Constitution.

26 Aug 2024

The Bombay High Court allowed two writ petitions filed by Dr. Pradeep Mehta and his son Neil Pradeep Mehta challenging the freezing of their demat acc...

High Court

Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar.

20 Jul 2016

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered t...

High Court

Bombay High Court Addresses Jurisdictional Clash Between Forward Markets Commission and Central Electricity Regulatory Commission Over Electricity Futures Trading. The Court Considered Whether the Electricity Act, 2003 Overrides the Forward Contracts (Regulation) Act, 1952, and Whether the Power Market Regulations 2010 Framed by CERC Were Ultra Vires.

7 Feb 2011

The matter involved two writ petitions being heard together by the Bombay High Court, arising from a jurisdictional conflict between two regulatory bo...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 6A of the Citizenship Act, 1955 in Assam Accord Challenge — Majority Holds Cut-off Date of 25.03.1971 for Regularisation of Immigrants Valid. The court held that the provision is a reasonable classification under Article 14 and does not violate Articles 6, 7, 29, 325, 326, 355, 356, or 368 of the Constitution.

17 Mar 2025

The Supreme Court, in a batch of petitions and appeals, considered the constitutional validity of Section 6A of the Citizenship Act, 1955, which was i...

Supreme Court

Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

10 Mar 2025

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

High Court

High Court of Judicature at Bombay, Commercial Division, Adjudicates Arbitration Petition Under Section 34 of Arbitration Act — Challenge to Arbitral Award in Indian Premier League Franchise Dispute. Award Directed Payment of Damages and Interest to Franchisee; Petition Alleges Patent Illegality and Excess of Jurisdiction by Arbitrator.

16 Jun 2021

The dispute arose from the termination of a franchise agreement between the Board of Control for Cricket in India (BCCI), the governing body for crick...

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