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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Dismisses Appellant's Appeal Against Arbitral Award in Tie-Up Agreement Dispute. Court Upholds Arbitrator's Finding that Agreements Were Joint Venture, Not Loan, and Confirms Award of Counterclaim with Interest.

The appellant, National Agricultural Co-operative Marketing Federation of India Limited (NAFED), and the first respondent, Roj Enterprises (P) Limited...

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Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld.

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property ...

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Bombay High Court Quashes VIDC Circular Imposing 5% TDS on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of 5% TDS from contractor bills held ultra vires the Income Tax Act, 1961 and the VIDC Act.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, filed three writ petitions challenging Circular No. 9 d...

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members.

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri ...