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Madras High Court Dismisses Revenue's Appeal in Capital Gains vs Business Profits Dispute. Profit on Sale of Land Held as Capital Gains Where Assessee Not in Property Development Business.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal for assessment year 2004-05. The a...

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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

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High Court of Karnataka Adjudicates Appeal in Ejectment Suit — Dispute Over Tenancy and Part Performance Under Section 53A Transfer of Property Act. Plaintiffs Claimed Tenancy Had Terminated; Defendants Asserted Possession Under Agreement to Sell and Assignment, Invoking Shield of Part Performance.

This appeal under Section 96 of the Code of Civil Procedure, 1908, arose from the dismissal of a suit for ejectment filed by five sisters against two ...

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Bombay High Court Adjudicates Challenge to Maharashtra Stamp Act Amendment on Advertisements. Petition Seeks Declaration that Imposition of Stamp Duty on Mass Media Advertising Contracts is Unconstitutional and Void.

The Advertising Agencies Association of India and several other entities representing advertising, newspaper publishing, and broadcasting sectors file...

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High Court of Judicature at Bombay Examines Company Law Board's Power to Direct Issue of Shares Under Section 111 of Companies Act, 1956. The appeal raises the question whether the Board can order issuance of share certificates and rectification of register absent valid transfer documents.

This company appeal arose from an order of the Company Law Board (CLB) dated 14 January 2013 in Company Petition No. 23 of 2012. The CLB had directed ...

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High Court of Karnataka Dismisses Company Application Seeking Recall of Winding Up Petition Admission Order Against Kingfisher Airlines Limited. Company Court Has No Power to Recall or Review Its Own Order Admitting a Winding Up Petition Under the Companies Act, 1956.

The applicant, Kingfisher Airlines Limited, filed an application under Section 466 of the Companies Act, 1956, seeking recall of the order dated 30.10...

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Bombay High Court Dismisses Winding-Up Petition as Foreign Company Failed to Comply with Registration Requirements Under Sections 592 and 599 of Companies Act, 1956. Petitioner, a foreign company with a place of business in India, cannot maintain a winding-up petition without registering under the Act.

The petitioner, Willis Europe B.V., a company incorporated under the laws of the Netherlands with its principal place of business in the United Kingdo...

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Bombay High Court Dismisses Second Appeal in Promotion Dispute Against Co-operative Bank — Bank Not 'State' Under Article 12. Employee's Claim for Promotion to Deputy Chief Officer Fails as Technical Cadre Employee Not Entitled to Consideration for General Cadre Post.

The appellant, Sudhir Chatarpal Kedar, a Civil Engineer, was appointed as Engineer/Officer Grade-I in the Maharashtra State Co-operative Bank in July ...