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Supreme Court Dismissed Appeal on Stamp Duty Liability in Agreement to Sell – Reiterated Possession Clause Governs Duty Implication

Stamp Duty – Bombay Stamp Act, 1958 – Agreement to Sell Deemed as Conveyance When Possession Delivered – Courts Impounded Document for Recovery ...

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Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Supreme Court Upholds Arbitral Award: Joint and Several Liability in Stock Trading Dispute. Oral Agreement Binding in Arbitration: Bombay Stock Exchange Bye-laws Interpreted.

The Supreme Court allowed the appeal, setting aside the High Court’s order and reinstating the arbitral award in its entirety. The Court held that:a...

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High Court of Bombay Decides on Automatic Reversion of Trademarks and Passing Off Claims

Automatic Reversion of Trademarks – The High Court held that the transfer of trademarks "MANSION HOUSE" and "SAVOY CLUB" from UTO to Tilaknagar was...

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High Court of Judicature at Bombay — Proxy Litigation Dismissed; License Cancellation Upheld Following Relinquishment of Tenancy Rights

The Court held that the Deed of Release dated 10th December 2015 clearly established relinquishment of tenancy rights. No new tenancy agreement o...

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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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Supreme Court Upholds LPG Distributorship Allotment Despite Allegations of Land Disqualification. Alternative Land Offered Due to Shifting Stance of Lessor – No Disability in Application – Allotment Process Upheld.

Land Disqualification – No Violation Found: The Court found no evidence that the 4th Respondent’s land offer violated guidelines – Field verific...

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National Consumer Disputes Redressal Commission Allows Consumer Complaint Against Builder for Delayed Possession and Failure to Obtain Occupation Certificate -- Opp. Parties Project Found Deficient in Service Under Consumer Protection Act

The National Consumer Disputes Redressal Commission disposed of two consumer complaints filed by complainants against Opp. Parties. The Complainants h...