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Prakash B. Kamat v. Principal Commissioner of Income-tax-10 & Ors.

High Court of Bombay · 12 Jun 2023

The Bombay High Court held that a director of a private company cannot be held liable for the company's tax dues under Section 179(1) of the Income Tax Act without proof of gross neglect or misfeasance and quashed tax recovery orders against a director removed prior to the demand.

tax appeal_allowed

Girish Vinodchandra Dhruva and Ors. v. Smt. Neena Paresh Shah and Ors.

High Court of Bombay · 12 Jun 2023

The Bombay High Court upheld a decree for specific performance of a sale agreement, holding that the power of attorney holder was competent to testify, time was essence of the contract, and the Plaintiffs were ready and willing to perform their obligations.

civil appeal_dismissed

MMTC Limited v. Aust Grain Exports Pty. Ltd.

Delhi High Court · 12 Jun 2023 · 2023:DHC:4162

The Delhi High Court upheld the arbitral award rejecting the petitioner's claims for liquidated damages due to mutual extension of shipment period and found no grounds under Section 34 of the Arbitration Act to interfere with the award.

civil petition_dismissed

FIITJEE Limited v. ALLEN Education and Management Services Pvt. Ltd & Ors.

Delhi High Court · 12 Jun 2023 · 2023:DHC:4157

The Delhi High Court dismissed FIITJEE's application for interim injunction restraining rival coaching institutes from claiming credit for a student's JEE Mains success, holding the petitioner failed to establish a strong prima facie case or irreparable injury.

civil petition_dismissed

PEE Empro Exports Pvt. Ltd. v. United India Insurance Co. Ltd.

Delhi High Court · 12 Jun 2023 · 2023:DHC:4161

The Delhi High Court held that a valid arbitration agreement survives execution of a discharge voucher and appointed a sole arbitrator to adjudicate the dispute over the quantum of an insurance claim.

civil appeal_allowed

Sameer Mahandru v. Directorate of Enforcement

Delhi High Court · 12 Jun 2023 · 2023:DHC:4155

Delhi High Court granted interim bail on medical grounds to a petitioner under PMLA proviso for 'sick or infirm' persons, emphasizing the right to adequate medical treatment despite the seriousness of the offence.

criminal appeal_allowed

Yogesh Kumar v. Davender Kumar Relan and Ors

Delhi High Court · 12 Jun 2023 · 2023:DHC:4160

The Delhi High Court dismissed the plaintiff's application to strike off unauthorized amendments in the defendants' written statement but imposed costs for procedural violations, holding that amendments beyond the amended plaint require prior court permission.

civil petition_dismissed

M/S. A.G. ENVIRO INFRA PROJECTS PVT. LTD. v. M/S. J.S. ENVIRO SERVICES PVT. LTD.

Delhi High Court · 12 Jun 2023 · 2023:DHC:4159

The Delhi High Court upheld the arbitral award in a municipal solid waste management dispute, affirming limited judicial interference under Section 34 of the Arbitration Act and rejecting the petitioner’s challenge on grounds of patent illegality and public policy.

civil petition_dismissed

Delhi Development Authority v. SH K R Anand & Anr.

Delhi High Court · 12 Jun 2023 · 2023:DHC:4156

The Delhi High Court upheld the arbitral award, dismissing the petition challenging it on limitation and patent illegality grounds, reaffirming the limited scope of judicial interference under Section 34 of the Arbitration Act.

civil petition_dismissed

Mahindra and Mahindra Ltd. v. Commissioner of Income Tax

High Court of Bombay · 09 Jun 2023

The Bombay High Court held that expenses and write-offs relating to a subsidiary company incurred on commercial expediency are deductible business losses under Section 28 of the Income Tax Act, 1961.

tax appeal_allowed

Yes Bank Limited v. Union of India

High Court of Bombay · 09 Jun 2023

The Bombay High Court held that the requirement of a joint application for refund of court fees under DRT Refund Rules is not mandatory where the judicial order grants refund to the applicant alone, allowing the bank's writ petition to obtain refund without the borrower's consent.

civil petition_allowed

Allan Sebastian D’Souza & Ors. v. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal & Ors.

High Court of Bombay · 09 Jun 2023

The Bombay High Court held that mandatory publication and notice requirements under the Maharashtra Slum Areas Act and Rules must be strictly complied with before declaring land as a slum, and noncompliance justifies condonation of delay and merits hearing of the appeal.

administrative appeal_allowed

Citibank N.A. v. S.K. Ojha & Ors.

High Court of Bombay · 09 Jun 2023 · (2014) 44 taxmann.com 304 (Bombay)

The Bombay High Court held that a tax assessment settled under the Kar Vivad Samadhan Scheme with payment and certificate issuance cannot be reopened under Section 148 of the Income Tax Act except in cases of false declaration.

tax petition_allowed

Tiscon Realty Private Limited v. C. G. Edifice & Ors.

High Court of Bombay · 09 Jun 2023

The Bombay High Court held that dishonour of cheques issued for loan repayment creates a new liability under the Negotiable Instruments Act, allowing a Summary Suit, and parties making false statements on oath are disentitled from defending the suit.

civil appeal_allowed

Ansari v. State (Govt. of NCT of Delhi)

Delhi High Court · 09 Jun 2023 · 2023:DHC:4151

The Delhi High Court held that it has concurrent jurisdiction to grant anticipatory bail under Section 438 CrPC without prior approach to Sessions Court and granted interim protection to the applicant not named in the ECIR, emphasizing discretionary application of PMLA's twin conditions.

criminal appeal_allowed

Ansari v. State (Govt. of NCT of Delhi)

Delhi High Court · 09 Jun 2023 · 2023:DHC:4150

The Delhi High Court granted anticipatory bail to Basant Bansal in a PMLA money laundering case, affirming the High Court's concurrent jurisdiction under Section 438 CrPC and clarifying that the twin conditions under Section 45 PMLA do not absolutely bar bail where the applicant is not named in the ECIR and has cooperated with investigation.

criminal bail_granted

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High Court of Orissa · 09 Jun 2023

The Supreme Court upheld the Bar Council of India's refusal to recognize a non-approved law degree and denied registration of the respondent as an advocate, affirming the statutory authority under Section 24 of the Advocates Act, 1961.

professional_regulation appeal_dismissed

Bar Council of India v. Rabi Sahu & Anr.

Supreme Court of India · 09 Jun 2023

The Supreme Court held that the Bar Council of India has statutory authority to require law degrees from recognized colleges for enrolment as Advocates, overruling prior inconsistent precedent and setting aside the High Court's order directing enrolment of a candidate from an unrecognized college.

administrative appeal_allowed

The Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate v. ICICI Bank Ltd.

High Court of Bombay · 08 Jun 2023

The Bombay High Court held that appeals involving taxability and valuation issues under the Central Excise Act lie exclusively before the Supreme Court, dismissing the High Court appeal on maintainability grounds.

tax appeal_dismissed

Jayvant S. Shah & Ors. v. Bombay Mercantile Co-operative Bank Limited & Ors.

High Court of Bombay · 08 Jun 2023

The Bombay High Court upheld the appellate order allowing the Bank's amendment to its eviction suit plaint to elaborate bonafide requirement, emphasizing a liberal approach to amendments that do not introduce new causes or cause prejudice.

civil petition_dismissed