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Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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Gujarat High Court Allows Appeal in Property Dispute Case Due to Non-Examination of Key Witness and Adverse Inference Under Section 114(g) of Evidence Act. Sale Deed in Favour of Plaintiffs Proved Valid, Subsequent Transfers by Vendor After Losing Title Held Void.

The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, was filed by the appellants-original plaintiffs challenging the judgme...

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Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Orders in Newspaper Employee Reinstatement Cases — Held that Workmen are Entitled to Reinstatement with Continuity of Service and Back Wages for Unfair Labour Practices Under MRTU & PULP Act, 1971.

The judgment involves a batch of writ petitions filed by Lokmat Media Private Limited (formerly Lokmat Newspapers Private Limited) challenging orders ...