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Bombay High Court Grants Ex-Parte Decree for Recovery of Excess Payment in Sub-Contract Dispute — Plaintiff Entitled to Recover Rs.12,55,965.21 with Interest at 6% p.a. Plaintiff proved that defendant fabricated bills and was paid in excess of work done, leading to decree under Order 8 Rule 10 CPC.

The plaintiff, M/s. Offshore Industrial Construction Pvt. Ltd., filed a suit for recovery of Rs.12,55,965.21 with interest at 18% p.a. against the def...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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Bombay High Court Allows Petition to Return Plaint for Lack of Jurisdiction in Summary Suit for Recovery of Money. Court holds that cause of action arose outside Mumbai and City Civil Court lacked territorial jurisdiction under Section 16 CPC.

The petitioner, Naran Lala Pvt. Ltd., a company based in Navsari, Gujarat, challenged an order dated 25.11.2014 passed by the City Civil Court at Bomb...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands for Fresh Trial Due to Improper Issue Framing. Trial court's failure to frame proper issues and appreciate evidence regarding delay in construction contract warrants remand for fresh adjudication of suit and counterclaim.

The present first appeal arises from a judgment and decree dated 8th March 2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj, ...

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SALES TAX REFERENCE NO. 52 OF 2009

The matter came before the Bombay High Court as two sales tax references arising from the assessment of M/s. Radhasons International, a partnership fi...

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Bombay High Court Considers Reference on Exemption for Bonded Warehouse Sales Under Section 5(2) of Central Sales Tax Act. Legal Issue Concerned Whether Transfer of Documents Before Filing Bill of Entry for Home Consumption Constitutes Sale in Course of Import Before Crossing Customs Frontiers.

The matter concerned two sales tax references made by the Maharashtra Sales Tax Tribunal under Section 61(1) of the Bombay Sales Tax Act, 1959, arisin...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds. Court Holds That the Arbitrator's Finding on Limitation Was Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appeal arises from an order of a learned Single Judge of the Bombay High Court setting aside an arbitral award under Section 34 of the Arbitration...

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High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text.

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had en...