Search Results for "Commercial Expediency"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Commercial Expediency"

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Supreme Court

Supreme Court Allows Arbitration Petition and Refers Non-Signatory to Arbitration Under Group of Companies Doctrine. The Court held that the referral court under Section 11(6) of the Arbitration and Conciliation Act, 1996 must only examine the existence of an arbitration agreement on a prima facie basis, and the group of companies doctrine can bind a non-signatory to the arbitration agreement.

20 Sep 2024

The present petition was filed under Section 11(6) read with Section 11(9) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Commercial Quantity and Long Incarceration. The court held that the quantity of Codeine (200 grams) was less than commercial quantity (1000 grams), thus Section 37 NDPS Act not attracted, and granted bail considering the period of custody.

27 Sep 2023

The applicant, Mukesh Rajaram Chaudhari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offenc...

High Court

High Court Dismisses Assessee's Appeal in Income Tax Case — Commission Payment Disallowance Upheld. The court held that the Tribunal's finding that commission agents had not rendered services was based on valid material and sustainable under Section 37(1) of the Income Tax Act, 1961.

31 Aug 2023

The appellant, The Indian Hume Pipe Co. Ltd., is a listed company engaged in manufacturing and sale of RCC pipes, steel pipes, etc. For the assessment...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case Due to Assessee's Failure to Prove Revenue Expenditure. The court held that the assessee did not discharge its burden to show that the expenditure was revenue in nature under Section 37(1) of the Income Tax Act, 1961.

9 Aug 2023

The case pertains to an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which had upheld the CI...

Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Act Case Due to Non-Application of Mind and Ignoring Commercial Quantity Recovery. High Court Erred in Granting Bail Without Considering Stringent Conditions Under Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Presumption of Conscious Possession Under Section 54.

22 Sep 2021

The appeal arose from a bail order dated 1 October 2020 passed by a Single Judge at the Lucknow Bench of the High Court of Judicature at Allahabad, wh...

Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Initiate Perjury Proceedings in Civil Suit. Filing a false affidavit in a civil suit does not automatically constitute an offence under Section 199 IPC without proof of intent to cause injury and that the statement was made in a judicial proceeding.

5 Feb 2020

The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

High Court

Bombay High Court Dismisses Appeal Against Encashment of Standby Letters of Credit in Commercial Dispute. Principle of Autonomy of Letters of Credit Upheld — Injunction Granted Only on Grounds of Fraud or Irreparable Injury, Not Breach of Underlying Contract.

19 Dec 2011

The appellant, Drive India Enterprise Solutions Ltd., filed an appeal against the dismissal of its petition under Section 9 of the Arbitration and Con...

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