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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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Bombay High Court Full Bench Considers Validity of Rule Excluding Full-Time Salaried Assistant Public Prosecutors from District Judge Appointments. The case concerns interpretation of 'advocate' under Article 233(2) of the Constitution and consistency with Supreme Court precedent.

The Full Bench of the Bombay High Court heard a reference arising from a writ petition filed by six Assistant Public Prosecutors employed on a full-ti...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Interim Order in IPL Franchise Dispute. Court finds no misrepresentation in bid process and upholds arbitrator's order granting interim measures while imposing conditions on franchisee to protect BCCI's interests.

Background: The dispute arose from the Indian Premier League (IPL) franchise agreement between the Board of Control for Cricket in India (BCCI) and Ja...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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Supreme Court Dismisses Appeals of Irregularly Appointed Forest Officers in Seniority Dispute. Appointments Beyond Advertised Vacancies Held Illegal, Seniority Counts Only From Regularisation Date.

The case pertains to the seniority of Assistant Conservators of Forests (ACFs) in the Bihar Forest Service. The appellants were appointed on 13.04.198...

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Supreme Court Allows Appeals of Direct Recruit Deputy Collectors and State of Uttarakhand in Seniority Dispute. Promotee Deputy Collectors Cannot Claim Seniority from Ad Hoc Appointment Date as Appointments Were Not in Accordance with Rules Under Uttaranchal Civil Services (Executive Branch) Rules, 2005.

The Supreme Court heard a batch of civil appeals arising from a seniority dispute between direct recruit and promotee Deputy Collectors in the State o...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...