Search Results for "Declaratory Relief"

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High Court Dismisses Writ Petition in Income Tax Matter Involving India-China DTAA Interpretation. Petitioner's Claim for NIL Withholding Tax Certificate Rejected Due to Pending Assessments and Previous Tax Determinations Under Section 197 of Income Tax Act, 1961.

The dispute involved a Chinese company, Petitioner, which provided technical services to its Indian subsidiary, Benteler India Private Limited, under ...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Supreme Court Interprets Section 175(4) BNSS in Sexual Assault Case Against Police Officers -- Clarifies Public Servant Immunity and Investigation Procedures Under Bharatiya Nagarik Suraksha Sanhita

The Supreme Court addressed a criminal appeal involving interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The app...

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Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. 

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

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Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Divorce Decree Upheld – Irretrievable Breakdown of Marriage Recognized – One-Time Settlement Ordered

Divorce – Mental Cruelty – False Accusations – Standard of Proof: The Court affirmed the divorce decree, holding that false allegations of fraud...

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Gift Deed Validity and Irrevocability Upheld in Tamil Nadu Khadi and Village Industries Board Case. Supreme Court dismisses appeal, reinforcing the validity of absolute gift deeds without revocation rights under Section 126 of the Transfer of Property Act, 1882.

This case addresses the validity of a gift deed dated 05.03.1983, where the Tamil Nadu Khadi and Village Industries Board was granted title over a pro...

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"Bombay High Court Denies Plaintiff’s Declaratory Suit, Upholds Specific Relief Act and CPC Provisions" "Plaintiff’s attempt to reclaim tenancy rights circumventing procedural bars dismissed under Order 7 Rule 11."

The High Court of Bombay, in Civil Revision Application No. 454 of 2024, upheld the dismissal of a suit filed by M/s. Chudiwala Company for seeking t...

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Legal Dispute Over Family Property and Alleged Will of Deceased Sparks Complex Litigation.

This judgment pertains to an appeal against an order dated March 13, 2023, passed by a learned Single Judge of the Bombay High Court. The order allowe...