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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Bombay High Court Dismisses Revision Against Eviction Decree in RAE Suit — Tenant's Legal Representatives Cannot Challenge Landlord's Title After Attornment. Consent Decree in Partition Suit Binding on Parties; Tenant Cannot Deny Landlord's Title Under Section 116 of Evidence Act, 1872.

The case arises from a civil revision application filed by the defendants (legal representatives of the original tenant) against the judgment and decr...

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High Court of Bombay at Goa Allows Second Appeal in Property Dispute — Sale Deed Duly Proved Cannot Be Discarded for Lack of Pleadings. Decree in Earlier Suit Not Binding on Non-Party Where Fraud Alleged.

The appellant, Mrs. Prabhavati Prabhakar Naik, filed a second appeal against the judgment of the District Judge in a property dispute. The background ...

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Bombay High Court Dismisses Petition Seeking Release from Investor Protection Fund Due to Client Code Mismatch. Claim Rejected as Contract Notes Did Not Match Trade Files of Stock Exchange.

The petitioner, Saurin T. Parikh, proprietor of Shah Investment, filed a writ petition seeking to set aside an order dated 25th May 2005 passed by the...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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Supreme Court Allows Appeal in Specific Performance Suit — Sets Aside Review Order Recalling Judgment Due to Non-Filing of Vakalatnama. Service of Notice Held Complete and Arguments Not Collusive, Hence Recall Unjustified Under Order 47 Rule 1 CPC.

The dispute arose from a specific performance suit filed on 15.10.2010 by the appellant, Shree Chaitanya Constructions, against eight defendants. Only...