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Bombay High Court Holds Writ Petition Liable to Dismissal for Non-Mention of Constitutional Provision and Non-Joinder of Standing Empowered Committee. Liquidated Damages Imposed by Empowered Committee Challenged in Road Contract Dispute Without Impleading the Committee as Respondent.

The High Court of Judicature at Bombay heard a writ petition filed by a private limited company engaged in road construction, challenging an order dat...

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WRIT PETITION NO.5134 OF 2018

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Supreme Court Partly Allows Appeal in Partition Suit — Upholds High Court's Decree for 5/9th Share but Sets Aside Sale to Third Party. Defendant No. 7's Sale of Joint Family Property to Defendant No. 9 Held Void as Purchaser Had Notice of Pending Suit.

The case pertains to a partition suit filed by Kumar Vamanrao alias Alok, Kumar Vyas alias Prateek, and Aruna (plaintiffs) against Sudheendra (defenda...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Quashes NSE Stop Transfer Order and Directs Issuance of Duplicate Share Certificates — NSE Cannot Invoke Section 108 of Companies Act, 1956 to Freeze Shares of a Non-Defaulting Shareholder.

The petitioner, Aloysius D'Souza, acquired shares of Dr. Reddy's Laboratories Ltd. between 1986 and 1997. In 2007, he applied for duplicate share cert...

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Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

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Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...