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Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

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High Court of Judicature at Bombay Hears Challenge to Induction of Non-Legislator Ministers with Less Than Six Months Remaining in Assembly Term. Conformity of Such Induction with Article 164(4) of the Constitution of India Questioned.

The High Court of Judicature at Bombay heard two writ petitions under Article 226 of the Constitution of India filed by Vijay Namdeorao Wadettiwar (a ...

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Supreme Court Dismisses Writ Petition Against High Court Transfer: Government Notification Appointing District Judge Invalid for Lack of Consultation Under Article 233 of Constitution. Invalid Notification Did Not Bind High Court Which Had Power to Transfer Officer.

The petitioner, an Additional District and Sessions Judge in Bihar, challenged the Patna High Court's order transferring him from Arrah to Singhbhum a...

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High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

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Bombay High Court Quashes GST Appellate Authority's Dismissal of Appeal in Pre-Deposit Dispute. Acceptance of Input Tax Credit for 10% Pre-Deposit Under Section 107(6) of CGST Act, 2017 Upheld as Jurisdictional High Court Precedent Controls and Natural Justice Requires Notice Before Dismissal.

The petitioner, a private limited company, filed a writ petition before the Bombay High Court challenging an order of the Appellate Authority under th...

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"Judgment Debtor’s Liability to Pay Interest Clarified: Deposit in Appellate Court Does Not Cease Accrual of Interest" "Bombay High Court reiterates the conditions for cessation of interest under Order XXI, Rule 1 of CPC."

This case examines the cessation of interest on a decretal amount deposited by the judgment debtor in an appellate court, rather than the executing co...

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Bombay High Court Dismisses Tilaknagar's Injunction Claim in Trademark Passing Off Dispute Over MANSION HOUSE and SAVOY CLUB. Court Holds That 1987 Agreements Ceding Trademarks Were Conditional and Revocable, and Tilaknagar Failed to Establish Exclusive Ownership.

The judgment arises from a commercial IPR suit involving a counterclaim by Tilaknagar Industries Ltd. (Tilaknagar) against Herman Jansen Beverages Ned...

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Supreme Court Allows Land Acquisition Appeals, Enhances Compensation for Dharuhera Village Acquisition. Land Losers Entitled to Rs. 1,49,14,975/- per Acre Based on Exemplary Sale Deeds Under Sections 4 and 6 of Land Acquisition Act, 1894.

The Supreme Court adjudicated a batch of twenty-seven appeals arising from land acquisition proceedings in Haryana. Sixteen appeals pertained to acqui...