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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...

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Quashes Criminal Proceedings in Land Fraud Case. Court Rules in Favor of Appellants, Citing Abuse of Process and Benami Transactions Act

Criminal Law, Fraudulent Land Deals, Abuse of Process, Benami Transactions Criminal Proceedings, Fraudulent Inducement, Breach of Trust, Civil Remedi...

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Supreme Court Dismisses Appeal in Partnership Dispute, Upholds Dissolution Over Retirement. Court clarifies distinction between retirement of a partner and dissolution of a partnership firm under the Partnership Act, 1932.

The Supreme Court dismissed the appeals filed by Guru Nanak Industries and Swaran Singh (since deceased, represented by legal representatives) against...

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Bombay High Court Directs State of Goa to Notify SOTTO and Implement Organ Transplant Rules Under Transplantation of Human Organs and Tissues Act, 1994. Court Orders Creation of Transparent Waiting Lists, Retrieval Teams, and Dedicated Website for Organ Transplantation in Public Interest.

This Public Interest Litigation was filed by The Mango Foundation, a registered non-profit organization, seeking enforcement of the Transplantation of...

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Bombay High Court Directs State of Goa to Notify SOTTO and Implement Organ Transplant Rules Under Transplantation of Human Organs and Tissues Act, 1994. The court held that failure to notify SOTTO and create transparent waiting lists violates the Act and Rules, affecting the right to health of patients.

The Bombay High Court at Goa disposed of a Public Interest Litigation (PIL) filed by The Mango Foundation (TMF), a registered non-profit organization,...

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Bombay High Court Allows Revenue's Appeal in Shipping Company Tax Case — Reimbursement of Telecommunication Costs Held as Income. Payments received by foreign shipping company from Indian agents for use of MaerskNet system treated as revenue receipt, not mere reimbursement, under Income Tax Act, 1961.

The case involves a set of appeals filed by the Director of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) regarding the tax...

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Bombay High Court Allows Appeal of Non-Resident Company in Tax Case, Holds That 'Assessee Aggrieved' Includes Any Party Adversely Affected by CIT(A) Order Under Section 253(1) of Income Tax Act, 1961. The Court set aside the Tribunal's dismissal on maintainability and remanded for merits.

The appellant, M/s. Maersk BV (formerly Nedlloyd BV), a company incorporated in the Netherlands and tax resident there, was engaged in operating ships...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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Bombay High Court Dismisses Employer's Petition Seeking to Unilaterally Implement Notice of Change Under Section 9A of Industrial Disputes Act. Employer Cannot Implement Proposed Changes Without Settlement or Award from Competent Court.

The petitioner, J. D. Orgochem Limited (formerly Jaysynth Dyechem Ltd.), is a company engaged in manufacturing chemicals. The respondent, Dyes and Che...

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Bombay High Court Allows Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unregistered Partnership Firm. Court Holds That Section 69(3) of Partnership Act, 1932 Does Not Bar Arbitration Reference for Claims Arising from Partnership Disputes.

The applicant, Ezra Victor Aboody, and the respondent, H. Dhanrajgir Estate Pvt. Ltd., entered into a partnership deed on 14 February 2003 for coachin...