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Bombay High Court Allows Petition Challenging Policy Circulars in SEIS Benefits Case — Circulars Imposing Additional Conditions for Service Providers Held Ultra Vires. Shipping Agent Entitled to SEIS Benefits as Service Provider Under Foreign Trade Policy.

The petitioner, Atlantic Shipping Private Limited, a shipping agent providing port services and logistical support to foreign clients, challenged the ...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Quashes Stamp Duty Demand on BOT Concession Agreement — Agreement Not a Lease Under Maharashtra Stamps Act. Concession Agreement for Build, Operate and Transfer of Bridge Held Not to Create Leasehold Interest Under Section 2(n)(iii) of Maharashtra Stamps Act, 1958.

The petitioner, Abhijeet Ashoka Infra Structure Pvt. Limited, entered into a Concession Agreement with the State of Maharashtra on 16/11/1998 for cons...

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Bombay High Court Allows Appeal by Public Trust in Property Dispute — Civil Court Jurisdiction Not Barred Under Sections 79 and 80 of Bombay Public Trust Act. Suit for Declaration of Ownership and Recovery of Possession by Trust Against Third Parties is Maintainable Under Section 50 of the Act.

The present appeal arises from a suit filed by Seth Kasturmal Dalsukh Dharmashala, a public trust registered under the Bombay Public Trust Act, 1950 (...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

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Bombay High Court Dismisses Petition Challenging Impleadment of Landlord in Suit Against Demolition Notice Under Section 351 of BMC Act, 1888. Landlord's Direct Interest in Property Makes Them a Necessary Party Under Order 1 Rule 10 CPC.

The petitioners, claiming to be owners of a gala in Dhiraj Pen Compound, Andheri, filed a suit challenging a demolition notice dated 17 September 2008...