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Bombay High Court Quashes Points Framed by Trial Court in Execution Proceedings Under Order XXI Rule 22 CPC — Executing Court Cannot Go Behind Decree. Executing Court Must Restrict Inquiry to Executability of Decree, Not Its Validity; Points Regarding Binding Nature of Consent Terms, Prior Approvals, and Rejection by General Body Are Impermissible....

The dispute arose from execution proceedings following a consent decree passed in Suit No. 5142 of 1991 by the City Civil Court at Bombay. The petitioners, a partnership firm and its partner, had file...

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Bombay High Court Hears Challenge to Stamp Duty on Agreement to Lease, Examining Impact of Deletion of Explanation III to Article 36 of Bombay Stamp Act, 1958...

These writ petitions were filed under Article 226 challenging orders of the stamp authorities demanding deficit stamp duty on agreements to lease executed after 1-9-1995. The petitioners were successf...

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Bombay High Court Dismisses Petitioner's Challenge to Sugar Commissioner's Refusal of Aerial Distance Certificate for New Sugar Factory. Court Upholds Commissioner's Decision Based on Non-Compliance with Minimum Distance Requirement Under Sugarcane Control Order, 1966....

The petitioner, Sangmeshwar Sugar Limited, a company registered under the Companies Act, 1956, sought to establish a new sugar factory at Sonegaon, Yamainagar, Tahsil Jamkhed, District Ahmednagar, Mah...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Corruption Case. Holds that the amendment to Section 372 CrPC giving right to victim to appeal is procedural and retrospective....

The applicant, Babu Uligappa Batteli, was the original complainant who filed a complaint against respondent no.2 for offences under the Prevention of Corruption Act. Investigation led to a chargesheet...

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Bombay High Court Dismisses Appeal in Arbitration Jurisdiction Dispute — Section 9 Petition Not Maintainable Where Section 8 Application Already Filed Before Civil Court at Vadodara. The court held that once a Section 8 application is filed before a civil court, that court alone has jurisdiction to pass interim orders under Section 9....

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 22 November 1999, dismissing a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996. The...

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Bombay High Court Dismisses Appeal for Specific Performance of Flat Booking Due to Unenforceable Oral Agreement and Lack of Written Contract. Suit for specific performance of an agreement to sell a flat dismissed as the alleged agreement was oral and not evidenced by any written document signed by the parties....

The appellant, Jamnadas Mathradas, filed a suit for specific performance of an alleged agreement to purchase a flat from the respondents. He claimed that in 1979, he paid earnest money and booked a fl...

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Division Bench Dismisses Appeals Against Rejection of Nomination Papers for Want of Caste Validity Certificate in Municipal Election. Non-Submission of Validity Certificate Under Section 9A of Maharashtra Municipal Councils Act Held Fatal Despite Interim Stay of Caste Invalidation Order....

These three Letters Patent Appeals arose from the common order of the learned Single Judge dated 02.12.2011 dismissing the writ petitions that challenged the rejection of the appellants' nomination pa...