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Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Allows Appeals in Cricket Association Election Dispute — Interim Order Set Aside for Lack of Jurisdiction. Court holds that disputes relating to internal elections of a society are not maintainable in civil court without exhausting remedies under the Societies Registration Act, 1860.

The case involves two appeals arising from a suit filed by Gopinath Munde against the Mumbai Cricket Association (MCA) and its office bearers, includi...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Sets Aside Rejection of Section 8 Application. Development Agreement Contains Valid Arbitration Clause, Disputes Must Be Referred to Arbitration.

The Appellant, Om Swayambhu Siddhivinayak, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated ...

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Bombay High Court Allows Appeal in Property Tax Dispute — Municipal Corporation Cannot Levy Tax on Land Outside Its Limits. Library Building on Gat No. 72, Satara Village, Held Outside Aurangabad Municipal Corporation Area, Tax Demand Quashed.

The appellant, Gramaudyogik Shikshan Mandal, a registered charitable trust imparting technical education, filed a suit against the Municipal Corporati...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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Bombay High Court Allows Writ Petition Challenging Election of Corporators for Non-Compliance with Reservation Rotation Policy. Failure to rotate reserved seat for Scheduled Caste women violates Article 243T of the Constitution and Maharashtra Municipal Corporations Act, 1949.

The petitioner, Priya Shivaji Gadade, filed a writ petition under Article 226 of the Constitution of India challenging the election of respondents 1 t...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed Upheld as Valid and Binding. Plaintiff Failed to Prove Possession or Title Over Suit Plot, Courts Below Correctly Dismissed Suit for Declaration and Injunction.

The appellants, original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgment...

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Bombay High Court Dismisses Writ Petition Challenging Agricultural Land Tribunal Order in Tenancy Dispute. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948; Sale Deed Held Invalid as Tenant Was in Possession.

The petitioners, legal representatives of Maharudrappa Baslingappa Swami, filed a writ petition challenging the orders of the Agricultural Land Tribun...