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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction — Landlord's Bonafide Requirement for Wife's Business Upheld. Concurrent Findings of Fact Not Interfered With Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Santosh Sampatrao Chhajed, against the concurrent judgments of the Small Causes Co...

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Bombay High Court Pronounces Verdict in Arbitration Petition Challenging Award That Set Aside Termination of Oil Terminal Operations Contract. Petition Under Section 34 of Arbitration Act Alleges Award is Patently Illegal as Arbitrator Disregarded Contract Terms and Misinterpreted Safety Audit Report.

The dispute arose from an Operating and Services Agreement (OSA) dated 5 May 2015 between HPCL and Aegis for management, operation and maintenance of ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. The court upheld concurrent findings that the plaintiff failed to prove the agreement and the suit was time-barred under Article 54 of the Limitation Act, 1963.

The appellant, Manohar Pamandas Jani, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

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Bombay High Court Declares Defendant Trespasser and Orders Possession and Mesne Profits in Partnership Dissolution Dispute. Executor of Deceased Partner Succeeds in Establishing Right to Suit Premises.

The suit was filed by the original plaintiff Lakchand Dhanji Shah, executor under the will of Narshi Hansraj Khona (deceased), against the defendant N...