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Bombay High Court Dismisses Judgment-Debtors' Writ Petition in Execution of Perpetual Injunction Decree — Holds Order XXI Rule 32(5) CPC Permits Recovery of Possession for Breach of Decree. Court Rules That Judgment-Debtors Who Forcibly Entered Suit House Despite Decree of Perpetual Injunction Cannot Retain Possession and Decree Holder Need Not File Separate Suit....

The dispute concerned execution of a decree for perpetual injunction in respect of Grampanchayat House No.841 (old G.P. House No.993), admeasuring 30 ft. x 25 ft., situated at Jafrabad, Jalna. The res...

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Bombay High Court Partly Allows Defendant's Writ Petition in Stamp Act Matter — Unstamped Agreement Cannot Ground Possession Injunction. Court Holds Under Section 35 of Indian Stamp Act, 1899 That an Insufficiently Stamped Agreement to Sell Cannot Be Acted Upon Even for Collateral Purpose Absent Impounding and Modified Injunction to Restrain Alienation Only....

Background: The writ petition arose from a challenge to concurrent orders granting temporary injunction in Special Civil Suit No.93 of 2022. The petitioner was the original defendant, and the responde...

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High Court of Karnataka Allows Appeal in Commercial Dispute, Holds That Allegations of Fraud Do Not Render Disputes Non-Arbitrable Under Section 8 of Arbitration and Conciliation Act, 1996. Court sets aside Commercial Court order rejecting referral to arbitration, finding that fraud allegations must be directly related to arbitration agreement to oust jurisdiction....

The case involves a commercial dispute between Pira Scientific (OPC) Pvt. Limited and others (appellants) and Novo Nordisk India Private Limited and another (respondents). The appellants filed an appl...

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High Court of Karnataka Dismisses Revenue's Appeal in Transfer Pricing Case — Assets Received from AE Not Taxable Under Section 28(iv) of Income Tax Act. The court held that assets received from Associated Enterprise without consideration are not taxable as perquisite under Section 28(iv) as they are not in the nature of 'benefit' arising from business or profession....

The Revenue (Pr. Commissioner of Income Tax and Asst. Commissioner of Income Tax) filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal ...

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High Court of Bombay at Goa Hears Writ Petitions Challenging Denial of Form C Declarations for Concessional High Speed Diesel under Central Sales Tax Act after GST Introduction. Petitioners Seek Restoration of Dealer Status and Refund of CST Paid on Inter-State Purchases....

The two writ petitions before the High Court of Bombay at Goa arose from the introduction of the Goods and Services Tax Act, 2017, which replaced the Goa Value Added Tax Act, 2005 and the Central Sale...

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Bombay High Court Considers Promoter's Writ Petition Challenging Deemed Conveyance under Maharashtra Ownership Flats Act. Dispute Involves Whether Deemed Conveyance Can Be Granted for Entire Plot During Ongoing Phase-Wise Development Under Section 11(3) of MOFA....

The dispute arose from a writ petition filed by a promoter/developer challenging an order of the District Deputy Registrar, Pune that granted deemed conveyance to a housing society under Section 11(3)...

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Bombay High Court Reviews Ministerial Order Setting Aside Land Record Rectification in Consolidation Dispute. Writ petition challenged quashing of order passed under Section 31A of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 and remand for fresh enquiry, despite civil court decrees and delay in filing ministerial appeal....

The writ petition under Articles 226 and 227 of the Constitution of India challenged the order dated 09.09.2019 passed by the learned Minister, Revenue and Forest Department, which quashed the order d...

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High Court of Karnataka Quashes KAT Order in Compassionate Appointment Case — Delay of 11 Years Defeats Claim. Appointment on compassionate ground is an exception to general rules of public employment and must be sought promptly; delay of 11 years from death of government servant renders claim unsustainable....

The State of Karnataka and the Commissioner, Department of Survey, Settlement and Land Records, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of K...

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High Court of Karnataka Acquits Accused in Murder Case Due to Benefit of Doubt on Juvenile Status and Inconsistent Evidence. Claim of juvenility at time of offence not properly considered; conviction under Sections 302, 307 read with 34 IPC set aside....

The appellant, Channappa, was convicted by the Sessions Judge, Yadgir, in S.C. No. 40/2012 for offences punishable under Sections 307, 302 read with 34 of the Indian Penal Code, 1860, and sentenced to...