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Home - News - Page 285

Bombay High Court Quashes Time-Barred Reassessment Order: "Violation of Limitation Period Under Section 153 Renders Order Void; Procedural Irregularities Highlighted"
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Bombay High Court Quashes Time-Barred Reassessment Order: “Violation of Limitation Period Under Section 153 Renders Order Void; Procedural Irregularities Highlighted”

Court’s Decision The `Bombay High Court` quashed the reassessment order passed by the Income Tax Department under Section 143(3) read with Sections 147 and 144B of the Income Tax Act.…
Posted by Rawlaw December 28, 2024
Delhi High Court Grants Interim Injunction in Trademark Dispute: "Prior User Rights Prevail; Defendant Barred from Using 'Evergreen' to Prevent Consumer Confusion"
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Delhi High Court Grants Interim Injunction in Trademark Dispute: “Prior User Rights Prevail; Defendant Barred from Using ‘Evergreen’ to Prevent Consumer Confusion”

Court’s Decision The Delhi High Court issued an interim injunction against the defendant, restraining it from using the mark “JV Evergreen Sweets & Treats” or any deceptively similar mark. The…
Posted by Rawlaw December 28, 2024
Bombay High Court Upholds Eviction Decree Against Tenants for Defaulting on Rent, Unlawful Subletting, and Misusing Premises: “Eviction Becomes Inevitable When Tenants Fail Their Obligations”
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Bombay High Court Upholds Eviction Decree Against Tenants for Defaulting on Rent, Unlawful Subletting, and Misusing Premises: “Eviction Becomes Inevitable When Tenants Fail Their Obligations”

Court’s Decision The Bombay High Court dismissed the Revision Application filed by the tenants challenging their eviction decree issued by the Small Causes Court and confirmed by the Appellate Bench.…
Posted by Rawlaw December 28, 2024
Delhi High Court Upholds ₹45.54 Lakh MACT Award: "Loss of Consortium Extends to Major Children, Including Married Ones; Dependency Includes Emotional Support"
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Delhi High Court Upholds ₹45.54 Lakh MACT Award: “Loss of Consortium Extends to Major Children, Including Married Ones; Dependency Includes Emotional Support”

Court’s Decision: The Delhi High Court rejected the insurance company’s appeal against the Motor Accident Claims Tribunal’s (MACT) award of ₹45.54 lakhs to the family of the deceased. The court…
Posted by Rawlaw December 28, 2024
Supreme Court Reaffirms Strict Interpretation of Section 53A of the Transfer of Property Act: "Part-Performance Is Contingent on Fulfilling All Preconditions"
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Supreme Court Reaffirms Strict Interpretation of Section 53A of the Transfer of Property Act: “Part-Performance Is Contingent on Fulfilling All Preconditions”

Court's Decision The Supreme Court dismissed the Special Leave Petition challenging the Karnataka High Court's decision, which upheld the judgments of the Trial Court and First Appellate Court. The court…
Posted by Rawlaw December 28, 2024
Delhi High Court Reclassifies Conviction Under POCSO Act: "No Evidence of Penetration; Conviction Reduced to Sexual Assault and Assault to Disrobe"
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Delhi High Court Reclassifies Conviction Under POCSO Act: “No Evidence of Penetration; Conviction Reduced to Sexual Assault and Assault to Disrobe”

Court’s Decision: The Delhi High Court reclassified the conviction under the POCSO Act and the Indian Penal Code (IPC). The court found the appellant guilty of: Section 7/8 of the…
Posted by Rawlaw December 28, 2024
Bombay High Court Rejects Additional Evidence in Appeal Under Order 41 Rule 27 CPC: "Failure to Establish Due Diligence and Relevance; ₹5 Lakh Costs Imposed for Delaying Justice"
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Bombay High Court Rejects Additional Evidence in Appeal Under Order 41 Rule 27 CPC: “Failure to Establish Due Diligence and Relevance; ₹5 Lakh Costs Imposed for Delaying Justice”

Court’s Decision: The Bombay High Court dismissed the appellants' Chamber Summons seeking to introduce additional evidence under Order 41 Rule 27(1)(aa) of the Code of Civil Procedure (CPC). It ruled…
Posted by Rawlaw December 28, 2024
Delhi High Court Orders Demolition and Reconstruction of Signature View Apartments: "Structural Defects Violate Residents' Right to Safety Under Article 21; Rehabilitation Terms Must Ensure Fairness and Dignity"
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Delhi High Court Orders Demolition and Reconstruction of Signature View Apartments: “Structural Defects Violate Residents’ Right to Safety Under Article 21; Rehabilitation Terms Must Ensure Fairness and Dignity”

Court's Decision The Delhi High Court ruled in favor of demolishing and reconstructing Signature View Apartments in Mukherjee Nagar, New Delhi, citing severe structural defects that rendered the buildings unsafe…
Posted by Rawlaw December 28, 2024
Bombay High Court Allows Compounding of Offences Under Section 138 Negotiable Instruments Act During Revision Proceedings: "Legislative Intent Favors Settlements Even Post-Conviction
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Bombay High Court Allows Compounding of Offences Under Section 138 Negotiable Instruments Act During Revision Proceedings: “Legislative Intent Favors Settlements Even Post-Conviction”

Court’s Decision The Bombay High Court addressed a pivotal question: whether it could accept consent terms in revision proceedings under Section 397 of the Code of Criminal Procedure (Cr.P.C.) for…
Posted by Rawlaw December 28, 2024
Delhi High Court Appoints Sole Arbitrator: "Objections on Arbitrability and Jurisdiction to Be Decided by Arbitral Tribunal Under Section 16 of the Arbitration Act"
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Delhi High Court Appoints Sole Arbitrator: “Objections on Arbitrability and Jurisdiction to Be Decided by Arbitral Tribunal Under Section 16 of the Arbitration Act”

Court’s Decision The High Court of Delhi, under Section 11 of the Arbitration and Conciliation Act, 1996, appointed Justice (Retd.) Indu Malhotra, Former Judge of the Supreme Court, as the…
Posted by Rawlaw December 28, 2024

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