Bombay High Court

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Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction....

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,000/- and registering the deed. Subsequently, a supp...

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Bombay High Court Allows Revision Application, Rejects Suit Plaint for Injunction Based on Unregistered Agreement for Sale. Suit for perpetual injunction filed by plaintiff claiming possession under an unregistered agreement for sale without title is not maintainable and barred under Section 41(h) of the Specific Relief Act, 1963....

The case involves a Civil Revision Application filed by the defendants (revision applicants) against an order of the Trial Court rejecting their application under Order VII Rule 11(d) of the Code of C...

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Bombay High Court Allows Petition for Mandamus Directing Authorities to Notify Lapsing of Land Reservation Under MRTP Act. Failure to Acquire Land Within Statutory Period Results in Automatic Deemed Release of Land from Reservation, and No Court Declaration is Required....

The petitioner, Sakharam Mahadev Jadhav (since deceased, represented by his legal heir Kailash Sakharam Jadhav), owned agricultural land in Village Mangrul, Taluka Ambernath, District Thane, which was...

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Bombay High Court Enhances Compensation for Deceased Daily Wage Earner in Motor Accident Claim — Multiplier Based on Deceased's Age, Future Prospects, and Filial Consortium Granted. Employer's Non-Compliance with Labour Laws Not Determinative of Employment; Preponderance of Probabilities Standard Applied....

The appellants, parents and brother of 19-year-old Sagar Gavade, filed a First Appeal against the judgment and award of the Motor Accident Claims Tribunal, Sangli, dated 13 August 2015, which granted ...

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Bombay High Court Allows Writ Petition in NDKSP Grant Case — Mistaken Date Not False Information. Typographical error in online application form regarding date of incorporation does not amount to furnishing false information or bogus documents under Nanaji Deshmukh Krushi Sanjeevani Prakalp scheme....

The petitioner, Shreya Patil Agro Producer Company Ltd., applied for benefits under the Nanaji Deshmukh Krushi Sanjeevani Prakalp (NDKSP) scheme on 18/08/2022. The scheme provides 50% grant for purcha...

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Bombay High Court Quashes Appointment of Court Commissioner in Suit for Mandatory Injunction and Removal of Encroachment — Appointment at Initial Stage Held to Be Collection of Evidence Before Plaintiff Proves Title. Order XXVI Rule 9 CPC cannot be used to gather evidence before plaintiff adduces oral evidence and rebuttal....

The petitioners, Surel Milk & Food Processor Pvt Ltd and others, challenged the order dated 20 July 2024 passed by the learned Trial Court below Exhibit 75, which allowed the application filed by the ...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss....

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000 sq. feet for a total consideration of Rs.21,52,50...

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Bombay High Court Allows Refund of IGST Paid on Exported Goods Despite Claim of Higher Drawback Rate. Petitioner entitled to refund of IGST under Section 16(3)(b) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules, as selection of higher drawback column does not disentitle refund....

The petitioner, Kunal Housewares Private Limited, exported stainless steel household articles in July, August, and September 2017. The petitioner paid IGST on the exported goods and claimed drawback b...

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Bombay High Court Allows Revision in Rent Control Eviction Suit — Notice Not Validly Served Under Section 15(2) of Maharashtra Rent Control Act, 1999. Appellate Bench's decree set aside for failure to consider jurisdictional issue of service of demand notice....

The case arises from a civil revision application filed by the defendant-tenant, Ms. Gloria Lois Crasto, challenging the judgment and decree dated 2 May 2024 passed by the Appellate Bench of the Small...