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High Court Dismisses Insurer's Appeal and Partly Allows Claimant's Enhancement in Motor Accident Claim Involving Empty Tractor. Breach of Policy Condition Not Established as Tractor Was Empty at Time of Accident Despite Commercial Use, Under Section 173(1) of Motor Vehicles Act, 1988.

The case involves two cross-appeals arising from a motor accident claim. The claimant, a pedestrian, was injured when a tractor-trailer returning empt...

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High Court of Gujarat Considers Death Reference and Appeals Against Conviction and Death Sentence for Gang Rape and Murder. Trial Court Found Accused Guilty Under Sections 302, 201, 366, 376(d) IPC and Imposed Death Penalty Based on Circumstantial Evidence Including DNA and Eyewitness Accounts.

The case arises out of the judgment and order dated 29 April 2022 passed by the Sessions Court, Kapadvanj, Kheda, in Sessions Case No. 12 of 2021, con...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Quashes CBFC Cuts Imposed on Film on Drug Addiction; Holds Pre-Censorship Must Conform to Article 19(2) Reasonable Restrictions. State's Decision to Delete References to Punjab and Mutilate Content Violates Freedom of Speech Under Article 19(1)(a) of the Constitution.

The first petitioner, a film production company, sought a writ of certiorari to quash the decision of the Central Board of Film Certification (CBFC) w...

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Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...

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Bombay High Court Hears Arbitration Petition - ONGC Challenges Umpire’s Award Granting Six Days’ Extension in Pipeline Project. Petition contends that the extension was granted in breach of contract clauses 5.9 and 41.8 and without evidence, after rejecting the related claim for cost of repairs.

The dispute arose from a contract dated 6 November 1989 between Oil and Natural Gas Corporation Limited (ONGC) as employer and a consortium of foreign...

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CRIMINAL WRIT PETITION Nos. 452

Multiple writ petitions and a criminal application were filed before the Bombay High Court, Nagpur Bench, challenging police actions of raiding or sto...

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High Court of Judicature at Bombay Examines Company Law Board's Power to Direct Issue of Shares Under Section 111 of Companies Act, 1956. The appeal raises the question whether the Board can order issuance of share certificates and rectification of register absent valid transfer documents.

This company appeal arose from an order of the Company Law Board (CLB) dated 14 January 2013 in Company Petition No. 23 of 2012. The CLB had directed ...