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Bombay High Court Adjudicates Writ Petition on SARFAESI Act Sale Certificate Registration and Competing First Charge Claims. Court Examines Section 26-E SARFAESI Act Priority Over Maharashtra VAT Act Section 37 and Registration Act 1908 Section 22-A Grounds for Refusal.

The petitioner, State Bank of India, a public sector nationalized bank constituted under the Banking Companies (Acquisition and Transfer of Undertakin...

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Bombay High Court Strikes Down Rule 44(1)(i) of Maharashtra Registration Rules, 1961 as Ultra Vires Registration Act, 1908. Circular requiring NOC from Gram Panchayat for registration of sale deeds quashed for lack of statutory authority.

The petitioners, three individuals, filed a writ petition under Article 226 of the Constitution of India challenging Rule 44(1)(i) of the Maharashtra ...

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Supreme Court Allows Refund of Stamp Duty Paid on Un-Executed Conveyance Deed Due to Vendor Fraud. Limitation Period for Application Under Section 48 of Maharashtra Stamp Act, 1958 Runs from Date of Instrument, Not from Date of Cancellation Deed.

The appellant, a bona fide purchaser, agreed to buy property from Mohammed Hanif Ahmed Fitwala and prepared a conveyance deed. On 7 May 2014, the deed...

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WRIT PETITION NO.2720 OF 2013

The writ petitions were filed by municipal employee unions and individuals challenging the legality and constitutional validity of provisions of the B...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit. Agreement for Sale Recognized Prior Possession, Thus Stamp Duty Payable Under Article 5(e)(ii) of Karnataka Stamp Act, 1957, Not as Conveyance Under Article 5(e)(i).

The dispute originated from a suit for specific performance of an agreement dated 23.06.2018 filed by respondent No.1 against the petitioner and other...

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Bombay High Court Quashes Impounding Order in Stamp Duty Dispute — License Agreement for Telecom Infrastructure Not a 'Lease' Under Bombay Stamp Act. Agreement for installation of cellular mobile towers on rooftops held to be a license, not a lease, thus not liable to stamp duty as a lease.

The petitioners, Bharti Telventures Limited and Sunil Bharti Mittal, were licensees under Section 4 of the Indian Telegraph Act, 1885, to set up and o...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...