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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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Bombay High Court Allows Revision and Appeal in Dishonour of Cheque Case, Sets Aside Conviction Due to Lack of Proper Service of Notice. The court held that without proper service of notice under Section 138 of the Negotiable Instruments Act, 1881, the conviction cannot be sustained.

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881. The complainant, Vinodkumar Rathi, alleged that the accused, M/...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Karnataka High Court Quashes Proceedings Against Occupier and Manager in Factory Accident Case Due to Lack of Vicarious Liability Allegations. Failure to Allege Specific Role or Knowledge of Contraventions Under Section 37(1) of Factories Act, 1948 Renders Complaint Not Maintainable.

The petitioners, P.P. Upadhya (Director/Occupier) and Konduri Laxminarayan (Manager), sought quashing of proceedings in C.C. No.1220/2012 under Sectio...

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ARBITRATION PETITION NO.1543 OF 2014

The matter arose from a stock trading dispute between Keynote Capitals Ltd. (a trading member of the National Stock Exchange) and Eco Recycling Ltd. (...

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Bombay High Court Quashes GST Summons Issued by DGGI Ahmedabad to Petitioners in Maharashtra for Lack of Territorial Jurisdiction. Summons under Section 70 of the Central Goods and Services Tax Act, 2017 must be issued by an officer having jurisdiction over the place of business of the person summoned.

The petitioners, Shantanu Sanjay Hundekari, Vikas Agarwal, Yogesh Agarwal, and Mamta Gupta, are residents of Maharashtra and their place of business i...

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High Court of Bombay at Mumbai Quashes Process in Dishonour of Cheque Cases for Non-Compliance with Section 202 Cr.P.C. — Accused Residing Outside Magistrate's Jurisdiction Requires Mandatory Enquiry Before Issuance of Process.

The petitioners, ASR Systems Private Ltd. and its Managing Director Rohit Wadhwa, were original accused in two complaints filed by Kimberly Clark Hygi...