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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Bombay High Court Allows Appeal in Trust Property Dispute — Revision Under Section 70A of Bombay Public Trusts Act, 1950 Filed After 30 Years Held Not Maintainable. Revisional Power Must Be Exercised Within Reasonable Time Even When No Limitation Is Prescribed.

The Bombay High Court dealt with two appeals arising from a dispute between two trusts named after Mahatma Gandhi. The appellant, Maharashtra Gandhi S...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Grants Leave in Civil Appeals Challenging High Court's Reversal of Temporary Injunction. Appeals Concern Whether Division Bench Was Justified in Substituting Its View Under Order XLIII Rule 1(r) CPC Despite Settled Principles on Appellate Review of Discretionary Orders.

The Supreme Court of India granted leave in civil appeals arising from special leave petitions challenging a Division Bench judgment of the Delhi High...

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Bombay High Court Dismisses Petition for Removal of Statue in Road Widening Dispute. Court holds that mandamus cannot compel municipal authority to remove a statue installed on acquired land, as the decision involves policy and budgetary discretion.

The petitioner, Indumati Borse, a 90-year-old resident of Pune, filed a writ petition seeking a mandamus to direct the Pune Municipal Corporation (PMC...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Bombay High Court Answers Reference in Favor of Assessee-Trust in Income Tax Rate Dispute. Trust with Specified Beneficiaries and Predetermined Shares Held Non-Discretionary Under Income Tax Act, 1961, Section 256(1).

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal. The respondent-assessee, Devshi ...