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Bombay High Court Allows Appeal in Income Tax Case: Investment in Shares of Private Company for Acquiring Control Held as Capital Asset, Not Stock-in-Trade. Shares held for 31 months with transfer restrictions cannot be treated as trading asset under Income Tax Act, 1961.

The appellant, Accra Investments Private Ltd., filed an appeal under Section 260A of the Income Tax Act, 1961 against the order dated 25 April 2012 of...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

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High Court of Karnataka Allows Appeals in Motor Accident Claims — Enhances Compensation for Death of C. Mallikarjuna. Negligence and Contributory Negligence Issues Decided; Tribunal's Apportionment of 50% Contributory Negligence Set Aside.

The case arises from a motor accident that occurred on 20.08.2012 involving a motorcycle and a car. The deceased, C. Mallikarjuna, aged 30 years, was ...

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Bombay High Court Upholds Termination of Employees for Illegal Strike and Misconduct Without Enquiry — Justified Under MRTU & PULP Act. Employer's Right to Lead Evidence Before Labour Court to Justify Dismissal Without Enquiry Upheld When Atmosphere of Terror Prevents Disciplinary Proceedings.

The case involves a writ petition filed by 22 ex-employees of M/s. Advani Oerlikon Ltd. challenging the judgment and order of the First Labour Court, ...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Coal Supply Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Court upholds award of damages for short supply of coal, finding no patent illegality or conflict with public policy.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Mahaguj Collieries Ltd. (original respondent) challenging an ...