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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Establish Criminal Intent Under Section 420 IPC. Allegations of Fraud in Real Estate Transaction Found to Be Purely Civil in Nature, Lacking Ingredients of Criminal Breach of Trust or Cheating.

The Supreme Court allowed the appeal against the judgment of the Madras High Court, which had dismissed the appellants' petition to quash criminal pro...

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Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015.

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the...

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Bombay High Court Considers Challenge to Revision Order in FCCB Capital Gains Case; Cost of Acquisition Dispute Between FCCB Scheme and Section 49(2A) of Income-tax Act Examined. Revenue Relied on Section 49(2A) While Petitioner Invoked Clause 7(4) of the 1993 Scheme.

The writ petition under Article 226 was filed before the Bombay High Court challenging an order dated 29 March 2018 passed by the Commissioner of Inco...

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Bombay High Court Allows Writ Petitions Challenging Mutation Entries and Revenue Records in Land Dispute — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Follow Natural Justice Before Making Entries Affecting Rights.

The judgment concerns two writ petitions filed by individuals challenging mutation entries made in revenue records in respect of certain lands. The pe...

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Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment.

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case on Bifurcation of Interest and Service Charges. Tribunal's finding that no service tax liability arises prior to 01.03.2006 due to absence of mechanism for bifurcation of value of service from interest amount upheld.

The appeal was filed by the Commissioner of CGST & Central Excise under Section 35G of the Central Excise Act, 1944, challenging the order of the Cust...

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High Court of Bombay at Goa Quashes FIR in Property Fraud Case Due to Civil Nature of Dispute. Allegations of Cheating Under Section 420 IPC Found to Be Commercial Transactions with Pending Arbitration, Not Criminal Offences.

The petitioners, Jeremias D'Souza and Collette D'Souza, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...