Search Results for "Article 19(1)"

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Bombay High Court Allows Release of Imported Goods in Trademark Dispute, Directs Customs to Not Withhold Clearance Based on Pending Civil Suit. Customs Authorities Cannot Refuse Clearance Solely Due to Private Trademark Dispute; Remedy Lies in Civil Court Under Trade Marks Act, 1999.

The petitioners, UPS Sales and Suzhou Dake Machinery Company Ltd., imported goods under Bill of Lading No. EXSH2310608. The customs authorities (respo...

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Bombay High Court Dismisses Writ Petition Seeking Restitution Under Section 144 CPC After Decree Set Aside — Restitution Not Automatic When Rights Are Sub Judice in Pending Obstructionist Proceedings

The petitioner, Smt. Grover Navill Cardamaster, filed a writ petition under Article 227 of the Constitution of India challenging the dismissal of her ...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — No Failure to Disclose Material Facts. Retirement Receipt from Partnership Firm Held Not Taxable as Capital Receipt, Not Revenue Receipt.

The petitioner, Balkrishna Hiralal Wani, was a partner in a firm of solicitors. He retired on 20th October 2003 upon attaining the age of seventy year...

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Bombay High Court Dismisses Challenge to Arbitral Award in Broadcast Rights Dispute — Upholds Award of Rs. 4.77 Crore with Interest. Arbitrator's findings on breach of contract and quantum of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The Petitioner, Maharashtra Film Stage and Cultural Development Corporation Ltd., a Government of Maharashtra corporation, challenged an Arbitral Awar...

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Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration.

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distributio...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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High Court of Karnataka Quashes Rape FIR in Social Media Dating Case — Consensual Relationship Not Rape. Section 64 of Bharatiya Nyaya Sanhita, 2023 does not apply where sexual intercourse was based on a false promise of marriage but the promise was not the sole basis for consent.

The petitioner, Mr. Sampras Anthony, filed a writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagar...

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Bombay High Court Quashes Show Cause Notices Under Section 111 CrPC for Lack of Subjective Satisfaction. Magistrate Failed to Record Basis for Satisfaction and Substance of Information, Rendering Notices Invalid.

The petitioners filed three criminal writ petitions under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, ...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Assessment Reopened Beyond Four Years Without Allegation of Failure to Disclose Material Facts. Reopening Based on Change of Opinion and Audit Objection Held Invalid.

The petitioner, M/s. Lalitha Chem Industries Pvt. Ltd., is engaged in the business of manufacturing chemicals with units at Tarapur and Silvasa. For A...