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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Allows Revision in Rent Control Eviction Suit — Notice Not Validly Served Under Section 15(2) of Maharashtra Rent Control Act, 1999. Appellate Bench's decree set aside for failure to consider jurisdictional issue of service of demand notice.

The case arises from a civil revision application filed by the defendant-tenant, Ms. Gloria Lois Crasto, challenging the judgment and decree dated 2 M...

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Karnataka High Court Dismisses Telecom Companies' Appeals, Upholding Tax Deduction at Source Under Section 194H on Discounts to Distributors. Relationship Between Telecom Companies and Distributors Held to Be Principal-Agent, Making Discounts Liable as Commission for Tax Deduction Purposes.

Multiple telecom companies, including Bharti Airtel Limited, Vodafone Essar South Limited, and Tata Teleservices Limited, filed appeals under Section ...

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Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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Bombay High Court Dismisses PIL Challenging Land Allotment to Bhartiya Vidya Bhavan for School and Playground. Court upholds allotment as consistent with development plan reservation and public interest.

The case is a Public Interest Litigation (PIL) filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the allot...

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Bombay High Court Allows Recovery Suit by Cotton Corporation Against Textile Mill for Unpaid Price of Imported Cotton. Court holds that the plaintiff is entitled to recover the principal sum with interest at 6% p.a. from the date of suit till payment.

The plaintiff, The Cotton Corporation of India Ltd, a government undertaking and canalising agency for import of cotton, filed a suit for recovery of ...