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Home » News » Page 222
High Court of Bombay Declares Issuing Income Tax Notice to a Non-Existing Entity Post-Merger as Substantive Illegality: "Notice issued in the name of a non-existing company is a substantive illegality and not merely a procedural violation"
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High Court of Bombay Declares Issuing Income Tax Notice to a Non-Existing Entity Post-Merger as Substantive Illegality: “Notice issued in the name of a non-existing company is a substantive illegality and not merely a procedural violation”

Court's Decision The Bombay High Court ruled in favor of the petitioner and quashed the notices issued under Section 148 of the Income Tax Act, 1961. The Court found that…
Posted by Rawlaw January 29, 2025
Supreme Court Strikes Down Residence-Based Reservation in PG Medical Courses: “Domicile-Based Reservation Violates Article 14; Merit Must Prevail Over Regional Preference”
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Supreme Court Strikes Down Residence-Based Reservation in PG Medical Courses: “Domicile-Based Reservation Violates Article 14; Merit Must Prevail Over Regional Preference”

Court’s Decision The Supreme Court ruled that domicile or residence-based reservations for PG Medical Courses are unconstitutional and impermissible. The Court held that such reservations violate Article 14 of the…
Posted by Rawlaw January 29, 2025
Delhi High Court Overturns Termination of Service for False Declaration in Attestation Form: Juvenile Status and Legal Protection Against Stigmatization Prevail Over Employment Disqualification
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Delhi High Court Overturns Termination of Service for False Declaration in Attestation Form: Juvenile Status and Legal Protection Against Stigmatization Prevail Over Employment Disqualification

Court's Decision: The High Court of Delhi set aside the petitioner's termination from the Sashastra Seema Bal (SSB) service. The Court ordered that the petitioner be reinstated within twelve weeks,…
Posted by Rawlaw January 29, 2025
Supreme Court of India: Mandatory Prior Approval from CCI for Resolution Plans Containing Combinations – "A Resolution Plan That Contravenes Provisions of Law Cannot Be Approved"
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Supreme Court of India: Mandatory Prior Approval from CCI for Resolution Plans Containing Combinations – “A Resolution Plan That Contravenes Provisions of Law Cannot Be Approved”

Court’s Decision The Supreme Court ruled that under Section 31(4) of the Insolvency and Bankruptcy Code (IBC), 2016, a resolution plan that contains a provision for a combination must obtain…
Posted by Rawlaw January 29, 2025
Bombay High Court Overturns Registrar’s Decision Refusing Trade Mark Registration for Composite Mark, Emphasizing Holistic Evaluation and Applicability of Section 9(1)(b) of the Trade Marks Act, 1999
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Bombay High Court Overturns Registrar’s Decision Refusing Trade Mark Registration for Composite Mark, Emphasizing Holistic Evaluation and Applicability of Section 9(1)(b) of the Trade Marks Act, 1999

Court's Decision: The High Court of Bombay, after reviewing the case, allowed the petition filed by the petitioner (Khadi and Village Industries Commission). The Court overturned the decision of the…
Posted by Rawlaw January 29, 2025
Supreme Court Restores Full Compensation for Loss of Parents in Fatal Accident, Rejects High Court's Unjustified Reduction Based on Inexperience in Running Family Business
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Supreme Court Restores Full Compensation for Loss of Parents in Fatal Accident, Rejects High Court’s Unjustified Reduction Based on Inexperience in Running Family Business

Court's Decision: The Supreme Court of India in the present case upheld the compensation awarded by the Tribunal, overturning the High Court's decision which had significantly reduced the compensation amount.…
Posted by Rawlaw January 29, 2025
Delhi High Court: Suit for Specific Performance Not Barred by Limitation – Court Dismisses Revision Petition, Holds Cause of Action Arises Upon Discovery of Sale Deed Executed in Favor of Defendant
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Delhi High Court: Suit for Specific Performance Not Barred by Limitation – Court Dismisses Revision Petition, Holds Cause of Action Arises Upon Discovery of Sale Deed Executed in Favor of Defendant

Court's Decision: The court dismissed the Revision Petition filed under Section 115 of the CPC. The petitioner, who challenged the dismissal of their application under Order VII Rule 11 of…
Posted by Rawlaw January 29, 2025
Supreme Court Reverses High Court's Condonation of 586-Day Delay and Grant of Leave to Appeal, Emphasizing the Importance of Timely Legal Action and Bona Fide Purchasers' Rights in Lis Pendens Cases
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Supreme Court Reverses High Court’s Condonation of 586-Day Delay and Grant of Leave to Appeal, Emphasizing the Importance of Timely Legal Action and Bona Fide Purchasers’ Rights in Lis Pendens Cases

Court’s Decision: The Supreme Court ruled that the High Court's decision to condone the 586-day delay and grant leave to appeal was legally incorrect. The Court criticized the High Court…
Posted by Rawlaw January 29, 2025
Bombay High Court Imposes Rs. 5 Lakhs Penalty for Defendant’s Failure to Comply with Injunction Order: "Defendant’s Contumacious Conduct in Withholding and Deleting Sensitive Data Warrants Civil Penalty"
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Bombay High Court Imposes Rs. 5 Lakhs Penalty for Defendant’s Failure to Comply with Injunction Order: “Defendant’s Contumacious Conduct in Withholding and Deleting Sensitive Data Warrants Civil Penalty”

Court's Decision: The High Court concluded that the defendant had breached the court's injunction order, particularly regarding the second limb of the order, which involved the seizure of electronic devices.…
Posted by Rawlaw January 29, 2025
Supreme Court Upholds Statutory Bar Against Conversion of Acquittal into Conviction by High Court in Revisional Jurisdiction, Emphasizing Violation of Procedural Fairness and Constitutional Rights of the Accused
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Supreme Court Upholds Statutory Bar Against Conversion of Acquittal into Conviction by High Court in Revisional Jurisdiction, Emphasizing Violation of Procedural Fairness and Constitutional Rights of the Accused

Court's Decision:The Supreme Court of India ruled that the High Court had wrongly overturned the trial court’s acquittal and convicted the appellants. The reversal of an acquittal into a conviction…
Posted by Rawlaw January 29, 2025

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