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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Bombay High Court Allows Appeal in Central Excise Case: Commissioner's Decision on Nil Duty Binding on Assessing Officer. Duty on DTA Clearances of Fresh Mushrooms by 100% EOU Held Nil Following Commissioner's Order Under Section 3(1) of Central Excise Act, 1944.

The appellant, ECO Valley Farms & Foods Limited, a 100% Export Oriented Unit (EOU) engaged in cultivation, manufacture, and export of fresh/processed ...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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High Court of Bombay at Goa Dismisses State's Petition Challenging Refusal to Extend Time for Filing Written Statement in Medical Negligence Suit. Delay of Over 5 Years in Filing Written Statement Not Condonable Under Order XXVII Rule 7 CPC as No Sufficient Cause Shown.

The State of Goa and the Public Health Department filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08/...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order on Unfair Labour Practice. Circular Raising Retirement Age from 58 to 60 Years for Seasonal Employees Held Applicable to Respondent Employee Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit, Jalgaon Zone, challenged the judgment and order dated 31/08/2001 of...

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Bombay High Court Partially Allows Appeal in Land Acquisition Compensation Case. Claimants denied compensation for fruit bearing trees due to lack of evidence.

The appellants, original claimants, owned agricultural land in village Wadaji, Osmanabad, which was acquired by the State of Maharashtra for a medium ...

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Bombay High Court Dismisses Petitions Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Suit for Possession and Mesne Profits Dismissed as Barred by Limitation and Res Judicata

The petitioners (original plaintiffs) filed a suit for possession and mesne profits against the respondents (original defendants) in respect of agricu...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...