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Bombay High Court Allows Withdrawal of Appeal in Arbitration Dispute Over Share Delivery — Respondent's Opposition on Grounds of Hardship Not Sustained. Court Permits Withdrawal Without Prejudice to Respondent's Rights Under the Award and Pending Proceedings.

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment of a Single Judge dated 2 February...

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High Court of Bombay at Goa Quashes Reassessment Notice for Lack of Valid Reason to Believe in Income Tax Case. Failure to Disclose Material Facts Not Established as Petitioner Had Made Full Disclosure Under Income Disclosure Scheme, 2016.

The petitioner, Prabhakar Nerulkar, an individual engaged in real estate business, filed a writ petition challenging a reassessment notice under Secti...

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Bombay High Court Allows Petitioner in Income Tax Reassessment Case Due to Lack of Fresh Material and No Failure to Disclose. Reopening Beyond Four Years Invalid as Revenue Failed to Allege Non-Disclosure Under Section 147 of Income Tax Act, 1961.

The petitioner, Sun Tan Trading Co. Ltd., is engaged in the business of import and distribution of alcoholic beverages in India. It had entered into a...

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High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Leads to Acquittal.

The appellant, Ivan Miguel, a Portuguese national, was convicted by the learned Special Judge in NDPS Criminal Case No.16/2014 for offences under Sect...

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Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Unreliable Dying Declaration. Dying Declaration Not Recorded in Proper Form and Lack of Evidence of Abetment to Suicide Leads to Acquittal Under Sections 498A and 306 IPC.

The appellant, Santosh alias Santaram Rahane, was convicted by the 2nd Additional Sessions Judge, Aurangabad, in Sessions Case No. 441 of 1999 for off...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

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High Court of Karnataka Dismisses Challenge to Rule 8(1)(a) of Minerals Concession Rules, 2016 by Mining Lessees. Rule requiring prior approval for transfer of mining leases for minerals not in First Schedule to MMDR Act held intra vires and not inconsistent with Section 10A(2)(c) of Amendment Act 2015.

The petitioners, holders of mining leases for minerals not specified in the First Schedule to the Mines and Minerals (Development and Regulation) Act,...

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High Court of Karnataka Quashes Rule 8(1)(a) of Minerals Concession Rules, 2016 as Ultra Vires Section 10A(2)(c) of MMDR Act. Rule restricting transfer of mining leases to minerals not specified in First Schedule held inconsistent with parent Act.

The judgment concerns a batch of writ petitions challenging the validity of Rule 8(1)(a) of the Minerals (Other than Atomic and Hydro Carbons Energy M...