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ARBITRATION PETITION (L) NO. 1793 OF 2013

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Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Directs Execution of Share Purchase Agreement in Corporate Dispute Over IT Park Acquisition. Court holds that SPA is necessary to effectuate earlier order and does not prejudice rights of respondents.

The Supreme Court disposed of a miscellaneous application in a civil appeal concerning the acquisition of shares in I.T. Infrastructure Park Pvt. Ltd....

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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High Court Dismisses Arbitration Application and Petition for Interim Measures in Partnership Dispute Over Commercial Project. No Arbitration Agreement Found in Memorandum of Understanding Dated 16 October 2017 Under Sections 9 and 11 of Arbitration and Conciliation Act, 1996, Thus Relief Denied.

The dispute arose from a partnership firm, Respondents, involved in developing 'Ventura Commercial Hub'. The petitioner, was admitted as a partner in ...