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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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Bombay High Court Adjudicates Writ Petition Against IGST Demand of Rs.1524 Crores on Arbitration Award Damages. Issue Pertains to Whether Damages Paid Under Deemed Decree Constitute Consideration for Taxable Service Under IGST Act, 2017.

The dispute centers on a writ petition filed by Tata Sons Private Limited (Tata) under Article 226 of the Constitution of India, challenging an intima...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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Karnataka High Court Upholds Compensation Determination Under Indian Telegraph Act for Land Diminution Due to Transmission Tower Erection. District Court's Award of Compensation for Diminution in Land Value Upheld in Revision Petitions Under Section 115 of CPC.

The matter arose from a batch of miscellaneous petitions filed by landowners under Section 16(3) of the Indian Telegraph Act, 1885, seeking compensati...

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Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

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High Court of Bombay at Goa Allows Section 9 Petition for Interim Relief in Iron Ore Sale Dispute. Petitioner granted injunction restraining respondent from drawing on bank guarantees and ordered to maintain status quo on letter of credit.

The petitioner, M/s. Vedanta Limited (formerly Sesa Sterlite Ltd), a company engaged in extraction, sale and export of iron ore, entered into a Master...

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High Court of Judicature at Bombay Reviews Appeals from Single Judge's Interim Orders in Share Control Dispute. Appeals Concern Enforcement of Arbitral Award, Injunctions, and Corporate Governance Interim Measures.

The High Court of Judicature at Bombay heard four appeals arising from a common order dated 26-03-2003 passed by a Single Judge in two suits concernin...

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Supreme Court Upholds Jurisdiction of Civil Court to Determine Fair Rent in Government Lease Renewal Dispute. Lease Renewal Clause Requiring 'Fair and Equitable' Enhancement by Lessor Held Unenforceable Without Judicial Review of Fairness.

In 1909, the Government of Bombay leased plots of land to the appellants for residential purposes on payment of a premium and an annual rent of Rs. 3-...