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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

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High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

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Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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ARBITRATION PETITION NO.1543 OF 2014

The matter arose from a stock trading dispute between Keynote Capitals Ltd. (a trading member of the National Stock Exchange) and Eco Recycling Ltd. (...

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Bombay High Court Quashes Collector's Order for Sale of Seized Rice and Release of Truck on Bank Guarantee in Essential Commodities Act Case — Held That Collector Has No Power to Order Sale of Perishable Goods Without Magistrate's Order Under Section 459 CrPC

The petitioners, Shaikh Yunus and Dinesh Bagade, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challen...

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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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High Court of Bombay at Goa Enhances Compensation in Motor Accident Claim for Fracture and Dislocation of Hip. Claimant awarded additional Rs. 1,24,522/- for medical expenses, loss of income, pain and suffering, and future treatment.

The appellant, Ramdas Verlekar, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, Margao, seeking compensation of Rs. 6,91,...

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Bombay High Court Dismisses Management's Challenge to Industrial Court Award on Wage Classification for Sugar Workers. Union's Claim for Proper Designation and Pay Scales from Commencement of Production Upheld as Reasonable.

The judgment concerns two writ petitions challenging an award of the Industrial Court at Kolhapur in Reference (IC) No.17 of 1985 dated 12/12/1988. Th...