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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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High Court of Bombay Hears Criminal Appeal Against Conviction Under Prevention of Corruption Act. Appeal Pertains to Alleged Bribery Demand by State Excise Superintendent for Renewing Liquor License.

The matter involved a criminal appeal under the Prevention of Corruption Act, 1988, filed by a Superintendent of the State Excise Department at Ratnag...

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Bombay High Court Quashes Corrigendum Reducing Compensation under National Highways Act, 1956. Competent Authority Lacks Power to Review Award; Section 33 of Right to Fair Compensation Act Not Applicable Absent Notification Under Section 105(3).

This writ petition under Article 226 of the Constitution challenged a corrigendum issued by the Competent Authority under the National Highways Act, 1...

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Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

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High Court of Karnataka Upholds Injunction Against Defendant in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Court Restrains Defendant from Using Mark 'Cothagiri' for Coffee Products, Finding Prima Facie Case of Passing Off Under Trade Marks Act, 1999.

The case involves a trademark dispute between M/s. Cothas Coffee Co. (plaintiff/respondent) and M/s. Avighna Coffee Pvt. Ltd. (defendant/appellant). T...

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High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...