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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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Madras High Court Dismisses Second Appeal in Property Dispute Involving Sham Sale Deed and Adverse Possession. Court upholds concurrent findings that sale deed was nominal and plaintiffs had perfected title by adverse possession.

The case involves a property dispute over land in Kumarappanaickenpettai. The plaintiffs, sons and daughter of Nataraja Mudaliar, filed a suit for dec...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882.

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to ...

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SALES TAX REFERENCE NO. 52 OF 2009

The matter came before the Bombay High Court as two sales tax references arising from the assessment of M/s. Radhasons International, a partnership fi...

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Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

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Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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High Court of Karnataka Hears Appeals Against Ejectment Decrees Filed by Tenants — Considers Whether Suits by Auction Purchaser Are Barred by Limitation and Maintainable. Examines Applicability of Limitation Act and Tenancy Principles to Auction Purchaser’s Claim for Possession.

The High Court of Karnataka heard three regular first appeals (RFA Nos. 1926/2013, 1924/2013, and 1925/2013) filed by tenants against decrees of eject...