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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

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ARBITRATION PETITION (L) NO. 1793 OF 2013

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Bombay High Court Allows Appeal of Non-Resident Company in Tax Case, Holds That 'Assessee Aggrieved' Includes Any Party Adversely Affected by CIT(A) Order Under Section 253(1) of Income Tax Act, 1961. The Court set aside the Tribunal's dismissal on maintainability and remanded for merits.

The appellant, M/s. Maersk BV (formerly Nedlloyd BV), a company incorporated in the Netherlands and tax resident there, was engaged in operating ships...

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High Court of Karnataka Allows Appeals in Motor Accident Claims — Enhances Compensation for Death of C. Mallikarjuna. Negligence and Contributory Negligence Issues Decided; Tribunal's Apportionment of 50% Contributory Negligence Set Aside.

The case arises from a motor accident that occurred on 20.08.2012 involving a motorcycle and a car. The deceased, C. Mallikarjuna, aged 30 years, was ...

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Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

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Bombay High Court Enhances Compensation for Parents of Deceased Unmarried Son in Motor Accident Claim — Notional Income Increased with Future Prospects and Higher Interest. The court applied the principles of Pranay Sethi and Sarla Verma to compute just compensation under the Motor Vehicles Act, 1988.

The appellants, parents of deceased Nilesh Rameshchandra Kabra, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking comp...