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Bombay High Court Allows Refund of Stamp Duty Paid Under Mistake of Law — Petitioner Entitled to Refund of Rs. 3,00,100/- for Electronic Stamps Purchased Under Wrong Scheme Code. Mistake of Law Does Not Bar Refund When Stamps Not Used and No Unjust Enrichment.

The petitioner, Manjeet Singh, filed a writ petition before the Bombay High Court seeking a refund of stamp duty paid under a mistake of law. The peti...

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Supreme Court Dismisses State's Appeal Against Vacation of Status Quo in Land Encroachment PIL — Government's Inaction Over Six Years Leads to Third-Party Rights

The case originated from a public interest litigation filed by Respondents in the Madras High Court alleging illegal land transactions in Thazham...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Developer Granted Interim Relief to Take Possession of Tenements from Non-Cooperating Members Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The Petitioner, M/s. R.R.B. Realtors Pvt. Ltd., a real estate developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 199...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Petition Challenging Reservation of Tenements for Government Nominees in Urban Land Ceiling Case. Reservation of 10% Tenements for Government Nominees Upheld as Valid Under Urban Land (Ceiling and Regulation) Act, 1976.

The petitioners, Komalsingh Sonusingh Pardeshi and M/s. Makhija & Vora Associates, filed a writ petition seeking a mandamus to direct the respondents ...

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Bombay High Court Dismisses Petitions Challenging Demolition of Huts as Encroachments on Public Land. Petitioners failed to establish any legal right or title over the structures, which were unauthorized and constructed on land reserved for a garden.

The judgment concerns three writ petitions filed by hutment dwellers in Vatsalatai Naik Nagar, Chembur, Mumbai, challenging the demolition of their hu...