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Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment — Prior Agreement Valuation Binding. Sale Deed Executed in Conformity with Assessed Agreement Cannot Be Reopened Under Section 31A of Indian Stamp Act, 1899 (Goa Amendment).

The petitioners, Mr. Sameer Vasudev Morajkar and Mrs. Prithvi B. Dessai, executed a sale deed dated 16.12.2020 in respect of property measuring 1900 s...

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Bombay High Court Dismisses Revision by Goa Pollution Control Board Against Rejection of Plaint Rejection Application. Civil Court jurisdiction not barred under Air and Water Acts for injunction against statutory authority when plaint discloses cause of action.

The case involves a Civil Revision Application filed by the Goa Pollution Control Board (Applicant/Defendant No.6) against an order of the District Ju...

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Bombay High Court Dismisses Challenge to Arbitrator's Interim Order Directing Security in Dredging Contract Dispute. Section 37(2)(b) Appeal Fails as Arbitrator's Order for Bank Guarantee of Rs. 5,66,30,579/- Upheld Pending Final Award.

The present Commercial Arbitration Petition was filed under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (the Act) by Karanja Terminal...

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Bombay High Court Allows Appeal in Employees' Compensation Case — Insurance Company Held Liable for Tractor Accident. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurance Company Cannot Escape Liability for Breach of Policy Conditions Without Proper Evidence.

The present appeal was filed under Section 30 of the Employees' Compensation Act, 1923, by the claimants (widow and minor sons of the deceased Vasanta...

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Bombay High Court Dismisses Tenants' Challenge to MHADA Acquisition of Cessed Buildings for Redevelopment. Tenants Lack Locus Standi to Challenge Acquisition and Tender Process Under Maharashtra Housing and Area Development Act, 1976.

The petitioners, tenants of Dattatraya Buildings in Mumbai, filed writ petitions challenging the acquisition of the buildings by the Maharashtra Housi...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Dismisses Revenue Appeal in Central Excise Clandestine Removal Case — CESTAT Order Upheld for Lack of Evidence. Allegation of removal of 1,687,585.511 kg of yarn without duty payment fails as Revenue could not prove clandestine removal beyond reasonable doubt.

The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate, filed an appeal under Section 35G of the Central Excise Act, 1944, against ...

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Bombay High Court Grants Anticipatory Bail to Corporator Accused of Extortion Using RTI Information. Prima Facie Case Not Made Out for Custodial Interrogation Under Section 438 CrPC.

The applicant, Dhananjay Vitthal Gawade, a sitting corporator of Vasai-Virar Municipal Corporation and an RTI activist, filed multiple anticipatory ba...

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Bombay High Court Upholds Removal of Director in Co-operative Bank Case for Misappropriation and Conflict of Interest. Commissioner's order under Section 78A(1) of Maharashtra Co-operative Societies Act, 1960 confirmed due to unauthorized donations to trust and contract awarded to son's firm.

The petitioner, P. A. Inamdar, was a shareholder, director, and Chairman of the Muslim Co-operative Bank Ltd., Pune. On 19 July 2017, respondent Nos. ...