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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...

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Supreme Court Sets Aside High Court’s Order of Compensation for Alleged Wrongful Confinement

Compensation for Alleged Wrongful Detention — Scope of High Court’s Jurisdiction Under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) ...

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Claim Repudiation — Non-Disclosure of Material Facts — Substantial Disclosure — Prudent Insurer Test — Reinstatement of Insurance Benefits with Interest

The Supreme Court held that the non-disclosure of additional policies did not amount to material suppression because the disclosed policy itself had a...

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Supreme Court Overturns Madras High Court’s Directions on Formula 4 Racing Event Funding and State Responsibility. Public-Private Partnership in Sports Events Upheld; State’s Role in Facilitating Events Clarified

The Supreme Court partly allowed the appeals, setting aside the Madras High Court’s directions in paragraphs 22(iv), (v), (vi), and (vii) of its...

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Supreme Court Quashed Criminal Defamation Proceedings Against Editorial Director and Journalists for Non-Compliance with Section 202 CrPC

Issuance of Summons Without Mandatory Inquiry Under Section 202 Code of Criminal Procedure, 1973 (CrPC) Held Vitiated – No Presumption Against Edito...

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"Timely Compliance in Specific Performance: Supreme Court Reiterates Limits and Discretion" "Clarifying the interplay of judicial discretion and statutory provisions under Section 28 of the Specific Relief Act, 1963."

The Supreme Court upheld the decision of the High Court, dismissing revision petitions that sought rescission of contracts for alleged non-compliance ...

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Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...