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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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High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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High Court of Bombay Disposes Chamber Summons Concerning Execution Sale of Property. Court Considers Commissioner's Report and Objections Arising from Auction Held on January 15, 2004, Under Consent Award Enforcement.

The matter pertained to the execution of a consent award obtained in arbitration proceedings between Camoran Finance & Investments (claimants) and Vir...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff's Readiness and Willingness Established Despite Minor Discrepancies in Pleadings. Sale Agreement for Rs.14 Lakh with Rs.3 Lakh Advance Held Enforceable as Plaintiff Demonstrated Continuous Readiness and Willingness to Perform.

The appellant/plaintiff, K. Eswaran, filed a suit for specific performance of a sale agreement dated July 24, 2014, whereby the first defendant, S. Ja...

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COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...

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High Court Dismisses Challenge to NSE Appellate Arbitral Award in Stock Broker Dispute — Upholds Squaring Off of Client's Position Due to Margin Shortfall. Regulation 3.10 of NSE F&O Regulations Does Not Mandate Prior Written Notice Before Squaring Off; Award Based on Evidence.

The Petitioner, M/s Shaunik Infotech Pvt Ltd, was a registered client of the Respondent, India Infoline Ltd, a trading member of the National Stock Ex...

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Bombay High Court Hears Appeals Against Interim Measures in Arbitration Dispute Over Subsea Pipeline Subcontract. Appellate Bench Reviews Single Judge's Order Requiring Deposit of Invoice Amount Under Section 9 of Arbitration and Conciliation Act, 1996.

The Bombay High Court, in its commercial appellate jurisdiction, heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, aga...

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Bombay High Court Allows Summons for Judgment in Summary Suit for Recovery of Debenture and Deposit Amounts — Acknowledgment of Liability Found in Correspondence. Evidentiary Value of Letters as Acknowledgment Under Section 18 of Limitation Act, 1963, Upheld to Extend Limitation Period.

The Bombay High Court heard a Summons for Judgment in a summary suit filed by Canara Bank and others, as trustees of Canbank Mutual Fund, a trust unde...