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High Court of Karnataka Allows RBI's Appeal Against Direction to Consider Loan Settlement — No Mandamus to Compel Discretionary Power. RBI's Circulars on One-Time Settlement Are Guidelines, Not Mandatory, and Do Not Create a Vested Right in Borrower Under Reserve Bank of India Act, 1934.

The Reserve Bank of India (RBI) filed a writ appeal challenging an order of a Single Judge of the High Court of Karnataka, Kalaburagi Bench, dated 22....

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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

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Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...

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Bombay High Court Allows Compounding Application in FEMA Case, Directs RBI to Consider on Merits. RBI's Refusal to Compound Contraventions on Ground of Sensitive Nature Requiring Investigation Set Aside as Unreasoned.

The petitioner, M/s. Brentfield Travels Co. Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated...