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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...