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CRIMINAL WRIT PETITION NO. 3301 OF 2018

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Hears Appeal Against Company Law Board Order Dismissing Petition. Court Frames Questions on Applicability of Section 111A and Section 43A of Companies Act, 1956 to Deemed Public Company.

The appeal arose from a company petition filed by the appellants, members of the Kavasmaneck family, before the Company Law Board, Mumbai, alleging op...

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High Court Considers Maintainability and Exemption Issue in Writ Petition Against Tax Demand on Alleged Non-Export Sale. Interprets Section 5(3) of CST Act Regarding Penultimate Sale Deemed Export.

The petitioner, a manufacturer of submarine navy batteries, challenged orders demanding sales tax under the Bombay Sales Tax Act, 1959 on the ground t...

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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Dismisses Revision and Writ Petition in Lease Dispute — Possession Rights Determined by Eviction Order Under Maharashtra Rent Control Act. The court upheld the eviction of the licensee and vacated the temporary injunction, finding the alleged lease deed unregistered and not credible.

The case involves a dispute over possession of a flat in Mumbai. The Revision Applicant, Ganesh Arjun Chukkal, is a director of Brice Infrastructure &...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Maritime Board Dispute Over Cargo Handling Charges. Court sets aside majority award directing payment at Rs.3 per metric tonne, remits matter for fresh consideration on applicability of 1995 or 1996 policy.

The Maharashtra Maritime Board (Claimant) filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a m...