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High Court

Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares by Non-Resident Not Taxable as No Capital Asset in India. Shares of a foreign company held not to be a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961, and transfer not taxable under Section 9(1)(i) as income deemed to accrue or arise in India.

18 Mar 2016

The Petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda and a non-resident, challenged an Assessment Order dated 25th March 2013 pass...

High Court

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.

18 Mar 2016

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

High Court

Bombay High Court Dismisses Trade Union's Petition Challenging Rejection of Interim Relief in Transfer Dispute. Industrial Court's Refusal to Stay Transfer Orders Upheld as No Prima Facie Case of Unfair Labour Practice Established Under MRTU and PULP Act.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Bombay High Court Dismisses Trade Union's Petition Challenging Transfer of Employees - Transfer Order Not Shown to Be Mala Fide or Unfair Labour Practice Under MRTU and PULP Act. The court held that the union failed to establish a prima facie case for interim relief under Section 30(2) of the MRTU and PULP Act, 1971, as the transfer was a routine management decision.

15 Mar 2016

The petitioner, Engineering Workers Association, a registered trade union, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Bombay High Court Allows Section 8 Application to Refer Copyright Dispute to Arbitration — Term Sheet Contains Valid Arbitration Agreement. The Court held that the arbitration agreement in the Term Sheet dated 13th June 2012 is valid and referred the disputes between the Plaintiff and Defendant No. 1 to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

12 Apr 2016

The Plaintiff, Eros International Media Limited, filed a copyright infringement suit against Telemax Links India Pvt. Ltd. and other defendants, alleg...

High Court

Bombay High Court Allows Summary Judgment in Favor of Negotiating Bank in Letter of Credit Dispute. Issuing Bank's Acceptance of Documents Under Irrevocable LC Is Final and Cannot Be Revoked Based on Allegations of Forgery Without Evidence.

11 Jul 2016

The plaintiff, Malayan Banking Berhad, a Malaysian bank, filed a summary suit against Indusind Bank Limited, an Indian bank, claiming Rs. 3,47,87,865....

High Court

Bombay High Court Allows Second Appeal in Trust Dispute Over Meeting Validity — Rejection of Plaint Upheld as Suit Barred by Section 80 of Maharashtra Public Trusts Act. The court held that civil court lacks jurisdiction to entertain disputes relating to internal management of public trusts, and the proper remedy lies before the Charity Commissioner under the Act.

5 Aug 2016

The case involves a dispute concerning the internal management of Pune Vidyarthi Griha, a society registered under the Maharashtra Public Charitable T...

High Court

Bombay High Court Dismisses Petition Seeking OBC Candidature in MBBS Admission Due to Incorrect Caste Category Selection. Petitioner's claim for OBC category rejected as she selected 'General' category in application form despite possessing OBC certificate.

19 Aug 2016

The petitioner, Pranjali Bhalchandra Shirsat, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seekin...

High Court

Bombay High Court Dismisses Petition Challenging Non-Appointment to Judicial Service — Upholds Administrative Committee's Discretion in Judicial Appointments. The Court held that the High Court's Administrative Judges' Committee has the authority to assess suitability of candidates for judicial posts and its decision not to appoint a candidate based on adverse material is not subject to judicial review unless mala fides or arbitrariness is shown.

14 Oct 2016

The Petitioner, Shri Vithal Waman Shelke, an advocate enrolled with the Bar Council of Maharashtra and Goa, applied for the post of Civil Judge, Junio...

High Court

Bombay High Court Dismisses Petition Challenging Non-Appointment of Judicial Officer Candidate. Court upholds the decision of the Administrative Judges' Committee not to recommend a candidate for judicial service based on adverse remarks in a judgment, holding that the committee's opinion is entitled to great weight and cannot be lightly interfered with under Article 226.

14 Oct 2016

The Petitioner, Shri Vithal Waman Shelke, an advocate enrolled with the Bar Council of Maharashtra and Goa, practicing in the District Court at Nanded...

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