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High Court

Bombay High Court Quashes Termination of Lease for Delay in Hotel Construction Due to Economic Slowdown and Infrastructure Delays. Extension of Time Granted Without Additional Premium Under Agreement to Lease.

13 Mar 2025

The petitioners, M/s. PVP Star Hotels Private Limited and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

High Court

High Court of Karnataka Upholds Injunction Against Former Employee for Defamatory Social Media Posts — Balance of Convenience Favors Plaintiff Company. Former Employee Restrained from Making Defamatory Statements Against Employer on Social Media Under Order 39 Rules 1 and 2 CPC.

14 Jul 2023

The appellant, Mr. Arnaud Descamps, a former employee of OnMobile Global Limited (respondent), was employed from 09.01.2007 to 12.04.2013. The respond...

High Court

Bombay High Court Allows Revenue's Appeal in FII Capital Gains Tax Case — Remands to ITAT for Fresh Consideration of Article 24 DTAA Compliance. Interpretation of Article 24 of India-Singapore DTAA requires examination of whether capital gains were subject to tax in Singapore on receipt basis.

21 Jun 2023

The case involves an appeal by the Commissioner of Income Tax (IT) - 2 against an order of the Income Tax Appellate Tribunal (ITAT) dated 24 March 201...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act and SEBI Regulations Jurisdiction Dispute. The court held that rectificatory jurisdiction under Section 59 of the Companies Act, 2013 is summary and not for contested facts, and SEBI has exclusive jurisdiction over violations of its regulations, not the National Company Law Tribunal.

4 Jan 2023

The Supreme Court of India heard an appeal concerning the rectificatory jurisdiction of the National Company Law Tribunal under Section 59 of the Comp...

Supreme Court

Supreme Court Allows Repatriation of Frozen Funds Without Bank Guarantee in CBI Investigation — Freeze Order Under Section 102 CrPC Quashed as Appellant Company Not Connected to Accused. The Court held that a freeze order under Section 102 CrPC cannot be continued against a third party not connected to the investigation, and the discharge of the accused removes the basis for any condition.

1 Jan 2023

The appellant, M/s. Jermyn Capital LLC Dubai, a Foreign Institutional Investor, had shares and funds in India. Due to litigations, it ceased trading i...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Awards in Share Subscription Dispute — No Interference Under Section 34 of Arbitration Act as Findings of Fact Are Not Re-Examinable. Court upholds arbitral tribunal's findings on breach of representations and warranties in Share Subscription Agreement and Shareholders Agreement, holding that the tribunal's interpretation of contractual terms and assessment of evidence cannot be reappraised under Section 34 of the Arbitration and Conciliation Act, 1996.

5 May 2017

The present appeal arises from the dismissal of two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, by a learned Single Judg...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Roaming Agreement — No Prima Facie Case for Security or Attachment Established. Court held that mere breach of contract does not entitle a party to interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, unless there is a serious dispute and balance of convenience in favor of the applicant.

28 Mar 2012

The petitioner, Vodafone Spacetel Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures again...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

13 Mar 2012

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

High Court

Bombay High Court Quashes Reopening of Assessment for UK Insurance Company in Income Tax Case — Lack of Fresh Material and Change of Opinion. Reopening under Section 147 of Income Tax Act, 1961 based on mere change of opinion without new tangible material is invalid.

29 Apr 2010

The petitioner, The Prudential Assurance Company Ltd., a UK-incorporated insurance company registered as a sub-account of a Foreign Institutional Inve...

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