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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...

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Bombay High Court Declares Sale of Company Property During Winding Up as Null and Void. Transfer of Leasehold Rights Without Court Permission Under Section 536(2) of Companies Act, 1956 Is Invalid.

The Official Liquidator filed a report seeking directions regarding the property of Hindustan Transmission Products Ltd. (HTPL), which was in liquidat...

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Bombay High Court Allows Revenue's Appeal in Income Tax Case Regarding Redemption Fine as Business Expenditure. Redemption fine of Rs. 75,00,000 paid for unauthorized import of almonds held allowable as business expenditure under Section 37 of the Income Tax Act, 1961.

The appeal was filed by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the asses...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

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Bombay High Court Dismisses Petition Challenging Nationalisation of Textile Mill Under Sick Textile Undertakings (Nationalisation) Act, 1974. Court upholds validity of notification taking over management of Elphinstone Spinning and Weaving Mills Co. Ltd. as a sick textile undertaking.

The petitioners, Elphinstone Spinning and Weaving Mills Co. Ltd. and its director Ashok Kumar Jalan, filed a writ petition challenging the notificatio...

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Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

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Bombay High Court Allows Writ Petition in Cooperative Housing Dispute — Upholds Cooperative Court's Order for Transfer of Flat. Transfer of share and interest in a tenant co-partnership society requires compliance with by-laws and rules; society cannot refuse transfer without valid reason.

The Petitioner, Smt. Geeta Narayan Parvati, was a lecturer and member of Respondent No.2 Society, a tenant co-partnership society registered under the...