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Madras High Court Dismisses Second Appeal in Customary Easement Case. Concurrent findings of fact regarding customary easement right to draw water through field bothie upheld under Section 100 CPC.

The plaintiff, Santhakumari, filed a suit seeking a declaration of customary easementary right to draw water for her land through a field bothie (Kann...

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Bombay High Court Allows Writ Petition Quashing Service Tax Levy on Irrigation Restoration Charges Paid to State Government. State's Collection of Charges for Water Diversion is a Sovereign Function, Not a Taxable Service Under Finance Act, 1994.

The petitioner, Rattan India Power Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challeng...

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Bombay High Court Allows Appeal by Acquiring Body in Land Acquisition Compensation Case Due to Reliance on Post-Notification Sale Deed. Reference Court's award set aside as sale deed dated after Section 4 notification was not a valid comparable instance under the Land Acquisition Act, 1894.

The appellant, Vidarbha Irrigation Development Corporation (VIDC), filed an appeal against the judgment of the reference Court in LAC No. 660 of 2007,...

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Bombay High Court Allows Writ Petition of Retired Executive Engineer Challenging Censure Order. Censure Order Quashed as Disproportionate and Based on Stale Allegations from 1971-1974.

The petitioner, Manohar Ganpatrao Kapsikar, a retired Executive Engineer, filed a writ petition challenging the judgment of the Maharashtra Administra...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Maritime Board Dispute Over Cargo Handling Charges. Court sets aside majority award directing payment at Rs.3 per metric tonne, remits matter for fresh consideration on applicability of 1995 or 1996 policy.

The Maharashtra Maritime Board (Claimant) filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a m...

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Bombay High Court Dismisses Appeal and Revision by Corporation Against Arbitral Award in Contract Dispute. Court Upholds Award of Interest and Costs Under Arbitration Act, 1940, Finding No Ground for Interference Under Section 30 or Section 115 CPC.

The appellant, Maharashtra Krishna Valley Development Corporation, a corporation incorporated under the Maharashtra State Krishna Valley Development C...

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Bombay High Court Partly Allows Appeal Reducing Compensation in Land Acquisition for Tillari Irrigation Project. Market Value of Acquired Land Determined at Rs. 50 per sq. metre Using Belting Method and Comparable Sales Under Land Acquisition Act, 1894.

The case involves an appeal by the Special Land Acquisition Officer and the Executive Engineer against the judgment of the Additional District Judge, ...

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Bombay High Court Allows Writ Petitions Challenging Levy of Stamp Duty on Mining Lease Deeds — Stamp Duty on Mining Lease Deeds Must Be Computed Under Article 35(a) of Schedule I of the Maharashtra Stamp Act, 1958 Based on Average Annual Royalty, Not on Dead Rent or Total Consideration.

The petitioners, who are holders of mining leases for minor minerals in the State of Maharashtra, challenged the levy of stamp duty on their mining le...