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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Bombay High Court Allows Petition Against Forest Department Transit Fee on Imported Timber. Imported timber from foreign country is not 'forest produce' under Maharashtra Forest Rules, 1970, and no transit fee can be levied for its transportation from port to customs CFS.

The petitioner, Omprakash Nagoja, a sole proprietor of O.P.M. International, imported timber from a foreign country. The timber arrived at Jawaharlal ...

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Bombay High Court Dismisses Petition Challenging Stamp Duty on Octroi Collection Agreement as Lease. Agreement for collection of octroi by agent held to be a lease under Section 2(n)(iii) of Maharashtra Stamp Act and chargeable under Article 36(i) of Schedule I.

The petitioner, M/s. Sai Trading Company, a partnership firm, entered into an agreement on 27th April 2006 with the Sangli, Miraj and Kupwad City Muni...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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High Court of Bombay Allows Writ Petition Seeking Reassessment of Customs Duty Due to Typographical Error in Customs Tariff Heading. Petitioner's Inadvertent Error in Declaring CTH 85176990 Instead of 85176930 for Routers Entitles Correction Under Customs Act, 1962.

The petitioner, Dimension Data India Private Ltd., an importer, filed five Bills of Entry between 15.03.2019 and 25.04.2019 for importing 48 units of ...