High Court

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Premature Petition Seeking Lapse of Land Reservation Dismissed — Period of Reservation Acquisition Extended by Legislative Amendment....

Reliance on a notification prior to legislative amendment is misplaced once the statute is amended — Amended statutory period applicable from the date of notice issuance — Premature petitions are ...

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Income Tax Act, 1961 — Section 260A — Bombay High Court Dismissed Appeals by Refrigerated Distributors Pvt Ltd Challenging Additions on Bogus Purchases — No Substantial Question of Law Involved...

Assessment Years 2007-08 to 2012-13 — Appellant Assessee Failed to Prove Purchases — Tribunal’s Reduction of Addition from 25% to 10% of Gross Profit Margin Confirmed — Concurrent Findings of ...

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Bombay High Court Grants Interim Injunction in Favor of Hygienic Research Institute, Restraining Defendants from Using “STREAK Street” Mark Deceptively Similar to Plaintiff’s Registered Trademark “STREAX”...

Trademark Infringement and Passing Off of “STREAX” vs. “STREAK Street” The Bombay High Court, granted interim reliefs in favor of the plaintiff, restraining the defendants from using the mark...

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High Court Grants Permission for Construction of Berthing Jetty and Cement Plant in CRZ Area, Subject to Environmental Safeguards. Balancing Development and Ecology: High Court Approves Adani Cementation’s Project with Strict Compliance Conditions...

Sustainable Development: The court reiterated the principle of sustainable development, holding that economic development and environmental protection must be balanced. The project was approved as it ...

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Denial of Approval for Open Distance Learning and Online Programmes Quashed Due to Violation of Natural Justice...

Violation of Natural Justice – UGC failed to provide an opportunity for hearing, which was mandatory despite its administrative nature. (Para 17, 21) Unreasoned Decision – The impugned communicati...

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High Court of Bombay, Nagpur Bench, Overturns Conviction Under Section 302 IPC, Citing Flaws in Prosecution’s Case and Unreliable Witness Testimony. Acquittal in Murder Case Due to Lack of Convincing Evidence and Benefit of Doubt...

Delay in FIR and Suppression of Information:– The court held that the delay in lodging the FIR and suppression of initial information raised serious doubts about the prosecution’s case. The court ...

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The Bombay High Court held that the competent authority could not reject a compounding application solely on the ground of delay, as the Income-tax Act, 1961 did not prescribe a limitation period. The court set aside the impugned order and directed the Chief Commissioner to reconsider the application based on relevant facts and judicial precedents....

Income-tax Act, 1961 – Section 279(2) – Compounding of Offences – CBDT Guidelines – Discretion of Authority The court reaffirmed that when a statute does not prescribe a limitation period, on...

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Bombay High Court — Section 11 of the Arbitration and Conciliation Act, 1996 — Whether a limited liability partnership (LLP) not being a signatory to the LLP Agreement can still be made a party to arbitration proceedings arising out of the agreement....

a) An LLP, though not a signatory, is inherently connected to the LLP Agreement and its arbitration clause. b) The LLP’s operations and the partners’ mutual rights and duties are governed by the L...

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Arbitration Petition Dismissed: No Binding Amendment to Development Agreement Established. Court Holds No Consensus Ad Idem on Essential Terms of Amendment – Section 37 of the Arbitration and Conciliation Act, 1996 Invoked...

Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad idem on all essential terms, including the plot...

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Non-Compliance of NDPS Act Procedures Leads to Bail Grant: Bombay High Court Emphasizes Strict Adherence to Statutory Rules. Bail Granted Due to Procedural Lapses in NDPS Act Compliance – Court Directs Strict Implementation of Statutory Rules....

Procedural Lapses in NDPS Act Compliance: The Bombay High Court granted bail to four accused in a narcotics case due to non-compliance with the mandatory procedures under the NDPS Act, particularly th...