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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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Bombay High Court Disposes of Writ Petition with Direction for Partial Deposit, Stays Penalty Recovery in Tax Dispute. Assessing Officer's Rejection of Stay Application Without Reasons Held Improper; Stay Orders Must Reflect Prima Facie Assessment Under Section 220(6) Income Tax Act, 1961.

The writ petition was filed by Deloitte Consulting India Pvt. Ltd., a joint venture company, challenging a notice of demand dated 30 March 2012 issued...

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Bombay High Court Allows Unconditional Stay of Tax Demand for Statutory Authority in Income Tax Exemption Case — Strong Prima Facie Case Based on Consistent Appellate History. Section 220(6) of Income Tax Act, 1961 invoked to stay demand of Rs.961.92 Crores pending appeal before CIT(A).

The Petitioner, Mumbai Metropolitan Region Development Authority (MMRDA), a statutory authority established under the Mumbai Metropolitan Region Devel...

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Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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Bombay High Court Modifies Stay Order in Motor Accident Claim Appeal — Insurer Directed to Deposit 50% of Awarded Amount for Claimant's Withdrawal. Appellate Court's Discretion Under Order 41 Rule 3 CPC Allows Imposition of Deposit Condition While Granting Stay of Execution of MACT Award.

The present matter involves two civil applications arising out of First Appeal No.631 of 2012 filed under Section 173 of the Motor Vehicles Act, 1988 ...

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...