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Bombay High Court Upholds Validity of Rule 17(2) of the PAN Rules, 2019 in GST Registration Cancellation Case. Rule requiring PAN Aadhaar linking for GST registration revival is intra vires the Finance Act, 2017 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, Raju Laxman Pachhapure and Amit Pramod Minache, filed two writ petitions under Article 226 of the Constitution of India challenging t...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Land Dispute — No Interference Under Article 227 as Findings of Fact Are Not Perverse. The court held that concurrent findings of fact based on evidence cannot be interfered with under Article 227 of the Constitution of India.

The case involves a writ petition filed by the petitioners (heirs of the original plaintiff) challenging the concurrent findings of the lower courts i...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...

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Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Adjudicates Batch of Writ Petitions Filed by Sugar Factories and Distilleries Against State of Maharashtra Regarding Excise Transport Fees. Petitioners Challenged Validity of Transport Fee Demands Under Bombay Prohibition Act, 1949.

The Bombay High Court, in exercise of its civil appellate jurisdiction, adjudicated a batch of fifty-one writ petitions filed by various sugar factori...