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Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

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Supreme Court Allows Appeal in Criminal Complaint Quashing Under Section 482 CrPC. The court quashed the criminal complaint as an abuse of process, without deciding on the co-existence of wakf and trust or jurisdiction of Wakf Tribunal.

The appeal arose from a judgment of the Kerala High Court rejecting a petition under Section 482 of the Criminal Procedure Code, 1973, filed by the ap...

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Bombay High Court Dismisses Application Under Section 24 CPC Seeking Transfer of Appeal as Abuse of Process — Costs Imposed. Transfer Sought on Allegations of Bias to Delay Proceedings in Pending Rent Appeal, Court Holds That Unfounded Allegations Cannot Ground Transfer.

The matter arose from an eviction decree passed on 21.10.2005 in TE & R Suit No.253/274 of 2003 by the Small Causes Court at Bombay. The appellant No....

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CIVIL APPELLATE JURISDICTION

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Bombay High Court Dismisses Tenant's Writ Petition in Eviction Suit Based on Landlord's Bonafide Requirement — Death of Landlord During Pendency Does Not Automatically Extinguish Decree for Possession Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a landlord, Yeshwant Subrao Bidkar, who owned premises in Kolhapur and instituted a suit for eviction against his tenant, Sikandar A...

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High Court of Karnataka Dismisses Review Petition in Securities Arbitration Case — Interest Award Not an Error Apparent on Face of Record. Review under Section 114 CPC read with Order XLVII Rule 1 CPC is not an appeal; mere disagreement with the judgment is not a ground for review.

The review petition was filed by Kotak Securities Ltd. seeking review of the judgment dated 22.02.2013 passed by the High Court of Karnataka in RFA No...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for BAPS Temple Construction — Acquisition Upheld as Valid Public Purpose Under MRTP Act, 1966. Petitioners lacked locus standi and filed petition after 10-year delay, leading to dismissal.

The petitioners, Mr. Salim Naim Khan and Mrs. Reshma Salim Khan, filed a writ petition challenging the acquisition of land by the State of Maharashtra...