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High Court of Karnataka Allows Revision Petitions in VAT Reassessment Cases — Reassessment Orders Set Aside for Non-Compliance with Section 39(1) of KVAT Act, 2003. Mandatory Pre-Decision Hearing Requirement Not Waived Despite Assessee's Participation in Subsequent Proceedings.

The judgment concerns five revision petitions filed under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) against orders of the Ka...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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Supreme Court Dismisses Application for Construction in Pachmarhi Wildlife Sanctuary Due to Pending Stay on Exclusion. Applicant's land not finally excluded from sanctuary; High Court's interim stay on Collector's order prevents any commercial activity without Court permission.

The applicant, M/s Shewalkar Developers Limited, filed interlocutory applications seeking permission to construct a health/eco-resort on two plots (Pl...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Dispute — Petitioner's Rights as Agreement Holder Ignored. Unilateral Conveyance Granted Without Notice to Petitioner Violates Principles of Natural Justice Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, Gayatri Construction, a partnership firm, challenged an order dated 15 November 2022 and corrigendum dated 20 December 2022 passed by ...

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Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment and Appointment of Administrator. Court holds that amendment to bye-laws requiring members to pay additional contribution for non-residential use is ultra vires the Maharashtra Cooperative Societies Act, 1960.

The petitioners, Balaji Tower Coop. Housing Society Ltd. and Parthasarathy Rangachari, filed a writ petition challenging the amendment to bye-law 28A ...