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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement for Sale of Basement Premises. Agreement Not Proved and Relief Barred by Limitation and Doctrine of Part Performance.

The plaintiffs, a partnership firm, filed a suit for specific performance of an oral agreement dated 30.11.1977 for the purchase of a basement-cum-god...

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Bombay High Court Allows Petitions Challenging CIDCO's Cancellation of Tender Process for Lease of Plots. Court holds that CIDCO's decision to cancel tender without valid reasons and without issuing show-cause notice to highest bidders is arbitrary and violative of Article 14 of the Constitution.

The petitioners, M/s. Aditya Enterprises and Mahaavir Superstructures Pvt. Ltd., filed writ petitions challenging the decision of the City and Industr...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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High Court of Bombay Decides Writ Petition Against ONGC's Banning Order. Petitioner Challenges Three-Year Blacklisting on Grounds of Natural Justice Violation.

The petitioner, M/s J.K. Surface Coatings Pvt. Ltd., a company engaged in corrosion resistant coating application, challenged a banning order dated 25...

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COMMERCIAL ARBITRATION PETITION(L) NO. 6451 OF 2020

The High Court of Judicature at Bombay, Commercial Division, pronounced judgment on 16 March 2022 in a petition filed under Section 34 of the Arbitrat...

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Bombay High Court Quashes VIDC Circular Imposing 5% TDS on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of 5% TDS from contractor bills held ultra vires the Income Tax Act, 1961 and the VIDC Act.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, filed three writ petitions challenging Circular No. 9 d...