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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

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Bombay High Court Allows Appointment of Independent Arbitrator in Municipal Contract Dispute — Commissioner Disqualified Due to Justifiable Bias. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked as named arbitrator was a party to the agreement.

The petitioner, Solutions Advertising, entered into an agreement with the Thane Municipal Corporation on 19 September 2008 to construct 298 bus shelte...

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Bombay High Court Dismisses Bank's Challenge to Payment of Wages Award Against Hypothecated Assets. Bank Not an Employer Under Payment of Wages Act, 1936 but Liable as Successor to Employer's Assets Under Section 15(2) for Wages Due.

The petitioner, Chief Executive Officer of Sangli Urban Co-op Bank Ltd., challenged a decree of execution for Rs.37,51,800/- passed by the Authority u...