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77808dd67732064bb1565b7bae18c4bf1312c89fb2b3ed4a5be2efe630e697c1

UNKNOWN COURT · 14 Aug 2023

The court upheld the petitioner's ownership and possession rights over property and development rights, rejecting respondents' claims under the Insolvency and Bankruptcy Code, 2016, and set aside interim orders favoring respondents.

property appeal_allowed

Commissioner of Service Tax, Mumbai v. 3I Infotech Ltd.

Supreme Court of India · 14 Aug 2023 · 2023 INSC 711

The Supreme Court held that service tax demands must be based on correct classification of taxable services, dismissed Revenue's appeal on erroneous classification, and upheld CESTAT's findings subject to reconsideration of SEZ exemption claims.

tax appeal_dismissed

Servotech Electricals Pvt Ltd v. Bennett University

Delhi High Court · 14 Aug 2023 · 2024:DHC:6488

The Delhi High Court held that a party may choose arbitration under the Arbitration and Conciliation Act, 1996 despite an ambiguous arbitration clause referencing institutional rules, and appointed an arbitrator accordingly.

civil appeal_allowed

Parekh Plastichem Distributors LLP v. Simplex Infrastructure Limited

High Court of Bombay · 12 Aug 2023 · 2023:BHC-OS:9920

The Bombay High Court held that the arbitration clause in the main purchase orders governs the dispute, not the clause in the invoices, and dismissed the application for appointment of an arbitrator for lack of jurisdiction.

civil appeal_dismissed

Allarkha Ismail v. The State of Maharashtra

High Court of Bombay · 11 Aug 2023

The Bombay High Court dismissed the writ petition challenging a deemed conveyance and redevelopment, holding that disputed title issues must be adjudicated in civil court and not in writ jurisdiction.

property appeal_dismissed

Nitin Aganda Lade v. The State of Maharashtra

High Court of Bombay · 11 Aug 2023

The Bombay High Court allowed the appeal and acquitted the appellant in a murder case due to insufficient circumstantial evidence and denial of opportunity to cross-examine a key witness.

criminal appeal_allowed

Mahesh Baburao Dhavale v. The State of Maharashtra

High Court of Bombay · 11 Aug 2023 · 2023:BHC-AS:28806

The Bombay High Court set aside the trial court's direction to prosecute the victim's father for false evidence under Section 193 IPC in a POCSO case, holding that no preliminary inquiry was conducted and prosecution would be oppressive given the victim's trauma.

criminal appeal_allowed

Mahesh Bhimraj Jadhav v. The State of Maharashtra

High Court of Bombay · 11 Aug 2023

The High Court acquitted the appellant in a POCSO and rape case due to failure of the prosecution to prove the prosecutrix's minority and procedural lapses in DNA evidence collection, granting benefit of doubt.

criminal appeal_allowed

Vijay Choudhary v. State of Maharashtra

High Court of Bombay · 11 Aug 2023

The Bombay High Court quashed an FIR under Sections 354-A and 509 IPC on grounds of mala fide intention, delay, and prior exoneration by the Internal Complaints Committee under the POSH Act, holding that continuation of investigation would be an abuse of process.

criminal petition_allowed

Asha Shivaji More v. The State of Maharashtra

High Court of Bombay · 11 Aug 2023

The Bombay High Court referred to a Larger Bench the issue of whether victims can maintain appeals against acquittals by Appellate Courts under proviso to Section 372 CrPC when accused has no appeal remedy against conviction by the Appellate Court.

criminal other

Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs

Delhi High Court · 11 Aug 2023 · 2023:DHC:6053

The Delhi High Court allowed Microsoft's appeal, holding that the divisional patent claims constitute a distinct invention under Section 16 of the Patents Act and remanded the matter for fresh examination on Section 3(k) grounds.

intellectual_property appeal_allowed

Basant Goel v. Union of India and Ors.

Delhi High Court · 11 Aug 2023 · 2023:DHC:5657-DB

The Delhi High Court upheld termination and forfeiture of performance security due to misrepresentation in a government tender, dismissing the appellant's challenge despite inadvertent error in authority documentation.

administrative appeal_dismissed

E.CONSTRUCT FZ LLC v. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE INT. TAX. 1(2)(2) & ANR

Delhi High Court · 11 Aug 2023 · 2023:DHC:6201-DB

The Delhi High Court set aside an order under Section 148A(d) of the Income Tax Act for failure to consider the assessee's delayed response and directed the Assessing Officer to pass a fresh order after granting a personal hearing.

tax appeal_allowed

Ajay Kumar v. Deepak Nanda

Delhi High Court · 11 Aug 2023 · 2023:DHC:5678

The Delhi High Court allowed a petition under Article 227 to restore the defendant's right to file a written statement and defend a civil suit on merits after judicial custody delayed service of summons.

civil appeal_allowed

Devender Govind Ram Ravin v. Rekha

Delhi High Court · 11 Aug 2023 · 2023:DHC:6063-DB

The Delhi High Court allowed the appellant's divorce petition on grounds of cruelty and desertion, holding that insistence on living as 'ghar jamai' and false criminal complaints constitute mental cruelty.

family appeal_allowed

Dhananjay Yadav v. Union of India

Delhi High Court · 11 Aug 2023 · 2023:DHC:5957-DB

The Delhi High Court directed a fresh medical examination to determine if the petitioner's Ptosis interferes with vision, as only such Ptosis is a valid ground for disqualification under recruitment medical guidelines.

administrative other

Sakshi Khurana v. The State Government of NCT of Delhi

Delhi High Court · 11 Aug 2023 · 2023:DHC:5915

The Delhi High Court quashed an FIR under the SC/ST Act arising from a matrimonial dispute based on a settlement, holding that courts can quash proceedings under special statutes when the offence is private in nature and the Act's objectives are not compromised.

criminal appeal_allowed

Dr. Gopika Nair & Ors. v. Union of India & Ors.

Delhi High Court · 11 Aug 2023 · 2023:DHC:5961-DB

The Delhi High Court dismissed the petition challenging gender-based seat restrictions in Army Dental Corps recruitment after the Supreme Court noted the petitioners' grievance was satisfied by their selection and issuance of offer letters.

administrative petition_dismissed

DELHI GOVT. OFFICERS AND EMPLOYEES FEDERATION v. UNION OF INDIA

Delhi High Court · 11 Aug 2023 · 2023:DHC:5668-DB

The Delhi High Court directed timely administrative decisions on proposals for earmarking DAS cadre posts without expressing on the merits, emphasizing adherence to judicial timelines.

administrative other

RT CONSTRUCTION v. KOTEC AUTOMOTIVE SERVICES INDIA PVT LTD AND ANR

Delhi High Court · 11 Aug 2023 · 2023:DHC:5714

The Delhi High Court held it has territorial jurisdiction to try the suit based on the plaintiff's averments and dismissed the defendant's application to reject the plaint under Order VII Rule 11 CPC.

civil appeal_dismissed