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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 Quashes Criminal Proceedings in Commercial Dispute — Abuse of Process Under Section 482 CrPC. Dispute Between Supplier and Buyer of Packaging Material Lacks Ingredients of Cheating and Criminal Breach of Trust Under Sections 406 and 420 IPC.

The applicants, Tetra Pak India (P) Ltd., Tetra Pak International Company, and Mr. Sunil Tembe, filed an application under Section 482 of the Code of ...

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Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Due to Settlement and Divorce by Mutual Consent. The Court held that non-compoundable offences under Section 498A IPC can be quashed under Section 482 CrPC to secure the ends of justice when parties have genuinely settled.

The petitioner-husband filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 282/2012 re...

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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

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Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

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Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947 — Interest Act, 1978 and Article 226 of Constitution Invoked to Prevent Miscarriage of Justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central...

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Supreme Court Hears Batch of Writ Petitions Challenging Constitutional Validity of Criminal Defamation Laws. The Petitioners Contend that Sections 499 and 500 IPC and Section 199 CrPC Violate Fundamental Right to Freedom of Speech and Expression Under Article 19(1)(a) of the Constitution of India.

The Supreme Court heard a batch of writ petitions filed under Article 32 of the Constitution, with Subramanian Swamy as the lead petitioner, challengi...