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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

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High Court of Bombay at Nagpur Allows Appeals in Motor Accident Claim Case — Enhances Compensation for Death of Abdul Gaffar. Negligence of Tractor Driver Established; Insurance Company Liable to Pay Enhanced Compensation with Interest.

The case arises from a motor accident claim for the death of Abdul Gaffar, who died in a collision between a motorcycle (on which he was a pillion rid...

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Bombay High Court Dismisses Petitions Challenging Arbitral Awards in Stock Broking Disputes — Upholds Awards for Payment of Outstanding Dues with Interest. Claims of Bogus Trading and Unauthorized Transactions Remain Unproved Due to Lack of Evidence and Failure to Pursue Counterclaims.

The judgment concerns two arbitration petitions filed by Ms. Deepika Vijay Nihalani and Vijay Roopkumar Nihalani against INA Stock Broking Co. Pvt. Lt...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Insurer's Liability to Third Parties Not Affected by Violation of Permit Conditions Under Section 149(2) of Motor Vehicles Act, 1988.

The case involves two appeals filed by Oriental Insurance Company Limited against the judgment and award passed by the Motor Accident Claims Tribunal ...