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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

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High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Allows Writ Petition in Service Matter — Petitioner Entitled to Pensionary Benefits After Acquittal in Criminal Case. Rule of 'No Work No Pay' Not Applicable Where Employee Was Willing to Work but Prevented by Suspension.

The petitioner, Mrs. Satyabhama Adinath Waghmare (Zende), a primary teacher employed by the Zilla Parishad Satara, was suspended on 30th June 2014 fol...

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Bombay High Court Dismisses Husband's Divorce Appeal in Cruelty Case — Allegations of Harassment and Threat of Suicide Not Proven. Court holds that isolated incidents and unsubstantiated claims do not constitute legal cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The appellant-husband, Ramratan Sunwani, filed a petition for divorce against his wife, Maya Sunwani, under Section 13(1)(ia) and (ib) of the Hindu Ma...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Reconsideration of Previously Adjudicated Offences and Failure to Distinguish Public Order from Law and Order Invalidates Preventive Detention.

The petitioner, Rajesh @ Dadu Eknath Nikumbh (Dhobi), challenged a preventive detention order dated 14.03.2024 passed by the District Magistrate, Jalg...

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Bombay High Court Dismisses Employer's Challenge to Workman Status in Industrial Dispute. Tribunal's finding that employee was a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 upheld as not perverse.

The petitioner, M/s. Procter and Gamble Health Limited (formerly Merck Ltd.), challenged an award dated 28.02.2020 passed by the Industrial Tribunal a...