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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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High Court Quashes Income Tax Reassessment Notice Under Section 148 Due to Lack of Tangible Material. Reassessment Based on Seized Documents from Unrelated Entities Declared Invalid

The High Court of Gujarat allowed the writ petitions challenging reassessment notices under Section 148 of Income Tax Act, 1961. The petitioner, an in...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...

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Bombay High Court Allows Refund of Advance Stamp Duty Paid on Unexecuted Deed of Assignment — Petitioner Entitled to Refund Under Section 48 of Maharashtra Stamp Act, 1958 as No Instrument Was Executed

The Petitioner, Kasthmandup Developers Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 01....

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High Court of Bombay Considers Challenge to Rejection of Technical Bid in Tender for Bus Station Reconstruction Dindori. The petitioner alleges arbitrariness in disqualification for want of signed Geo-tagging certificate despite alleged non-cooperation of authorities.

The High Court of Bombay heard a writ petition filed by M/s. C4 Infrastructure Pvt. Ltd., a company registered under the Companies Act, 2013 and engag...

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Bombay High Court Allows Appeal in Cheque Dishonour Case — Service of Statutory Notice Valid Despite Unsigned Office Copy. Absence of Signature on Office Copy of Demand Notice Does Not Invalidate Service Under Section 138(b) of Negotiable Instruments Act, 1881.

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

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Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...

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Bombay High Court Allows Second Appeal in Property Dispute Over Unsigned Agreement to Sell. Agreement to Sell Lacks Signature of Purchaser, Thus Unenforceable and Cannot Confer Title or Possessory Rights.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment of the first appellate court which had set aside ...