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Bombay High Court Dismisses Appeal Seeking Appointment of Court Receiver and Interim Compensation in Property Dispute. Court holds that mere filing of affidavits does not establish grave urgency warranting appointment of receiver or direction for deposit of interim compensation at an interim stage.

The appellant, Ramesh Sippy, filed a suit in the Bombay High Court seeking possession of Flat No.5/B in Shree Vijayaa Bhavan, Mumbai, claiming ownersh...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Partnership Dispute — Status Quo Ordered on Firm Properties Pending Arbitration. Court records statements from parties not to alienate partnership properties, directing status quo to preserve subject matter of arbitration.

The petitioners, Taz Naval Nariman and Rukhsshana Meher Anklesaria, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation ...

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Bombay High Court Dismisses Assessee's Appeal in Income Tax Case — Upholds Disallowance of Capital Losses and Business Loss on Guarantee Transactions. Tribunal's findings on sham transactions and lack of commercial substance affirmed under Income Tax Act, 1961.

The appellant, Killick Nixon Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tri...

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Bombay High Court Allows Petition of Credit Society Challenging Collector's Order Imposing Stamp Duty on Transfer Under Section 100 of Maharashtra Cooperative Societies Act. Transfer Under Section 100 Is Not a Sale or Conveyance, Hence Article 25 of Bombay Stamps Act Not Attracted.

The petitioner, Chhatrapati Sambhaji Maharaj Sahakari Patsanstha Maryadit, a credit society registered under the Maharashtra Cooperative Societies Act...

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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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High Court of Bombay at Goa Dismisses Appeal in Land Acquisition Case — Compensation Rate of Rs.6 per sq m Upheld for Agricultural Land. Reference Court's Rejection of Enhanced Compensation Affirmed as Appellant Failed to Produce Comparable Sale Instances or Evidence of Higher Market Value.

The case involves a first appeal filed by Dr. Jaiwant B. Sardessai against the judgment and award dated 8/03/2004 passed by the Additional District Ju...

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Bombay High Court Allows Revision by Statutory Body in Suit for Accounts — Suit for Accounts Not Maintainable Against Statutory Body Without Contractual Right. Plaint Rejected Under Order 7 Rule 11(d) CPC as Barred by Law.

The case involves a civil revision application filed by the Maharashtra Water Supply and Sewerage Board (defendant) challenging an order of the Civil ...