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High Court of Karnataka Allows Advocate's Re-Enrollment After Surrender of Sanad During COVID-19. Karnataka Advocates' Welfare Fund Act, 1983 Does Not Bar Re-Entry; Right to Practice Under Article 19(1)(g) Upheld.

The petitioner, Shri Channabasappa Lingappa Mokhashi, enrolled as an advocate with the then Mysore Bar Council on 17-07-1973 and practiced continuousl...

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Bombay High Court Dismisses Revenue's Appeal in Cenvat Credit Case for Mobile Phones. Service Tax Paid on Mobile Phones Used by Employees Held Eligible for Cenvat Credit Under Cenvat Credit Rules, 2004.

The case is an appeal filed by the Commissioner of Central Excise, Goa, against the order of the Customs, Excise and Service Tax Appellate Tribunal (C...

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Supreme Court Upholds Validity of Section 17(2)(viii) of Income Tax Act and Rule 3(7)(i) of Income Tax Rules in Bank Employee Loan Perquisite Case. Delegation of Power to Prescribe Fringe Benefits Held Not Excessive and Use of SBI Prime Lending Rate as Benchmark Upheld as Non-Arbitrary.

The Supreme Court, in a common judgment, dismissed appeals filed by staff unions and officers' associations of various banks challenging the constitut...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Partly Allows Insurer's Appeal Reducing Compensation for Death of Two-Year-Old Child in Motor Accident. Notional Income Method Under Section 163A of Motor Vehicles Act, 1988 Cannot Be Applied Retrospectively to Accidents Occurring Before Its Enactment.

The case arises from a motor accident claim where a two-year-old child, Shudhodhan, died after a tractor-trolley driven in reverse dashed against the ...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Action. Plaintiff's prior adoption and use of 'HOM' as acronym for 'House Of Mandarin' in restaurant services established, and defendant's adoption found not honest.

The plaintiff, Indian Express and Commercial Ventures and Projects Private Limited, filed a suit for trademark infringement and passing off against Fu...

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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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Bombay High Court Quashes CBFC Cuts Imposed on Film on Drug Addiction; Holds Pre-Censorship Must Conform to Article 19(2) Reasonable Restrictions. State's Decision to Delete References to Punjab and Mutilate Content Violates Freedom of Speech Under Article 19(1)(a) of the Constitution.

The first petitioner, a film production company, sought a writ of certiorari to quash the decision of the Central Board of Film Certification (CBFC) w...

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Bombay High Court Enhances Compensation for Amputation Victim in Motor Accident Case — 100% Functional Disability Recognized. Claimant awarded Rs. 7,50,000/- for loss of leg due to truck-bus collision under Motor Vehicles Act, 1988.

The appellant, Samdani Sattar Shaikh, was traveling in a luxury bus on National Highway No. 9 on 21.06.2004 when a truck driven rashly and negligently...