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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

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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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Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

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Bombay High Court Allows Petitions Challenging CIDCO's Cancellation of Tender Process for Lease of Plots. Court holds that CIDCO's decision to cancel tender without valid reasons and without issuing show-cause notice to highest bidders is arbitrary and violative of Article 14 of the Constitution.

The petitioners, M/s. Aditya Enterprises and Mahaavir Superstructures Pvt. Ltd., filed writ petitions challenging the decision of the City and Industr...

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Bombay High Court Dismisses Writ Petition Challenging Cancellation of Appointments to Non-Statutory Commission. Appointees Held to Serve at Pleasure; No Right to Tenure or Hearing; Change in Policy by New Government Not Arbitrary.

This writ petition under Article 226 of the Constitution of India was filed by three former Chairman/Members of the Maharashtra State Commission for S...