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Bombay High Court Allows Petitioner's Challenge to LBT Assessment Orders for Lack of Jurisdiction. Factory in MIDC-Chole Village Held Outside Municipal Limits, Assessment Orders Quashed and Refund Directed.

The petitioner, Wintry Engineering & Chemicals Pvt. Ltd., filed three writ petitions under Article 226 of the Constitution of India challenging assess...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court Allows Petition Challenging Denial of Permission for Ayurvedic College Admission. Order Set Aside for Violation of Natural Justice and Non-Application of Mind; Direction to Reconsider After Hearing.

The petitioners, Shri Gajanan Maharaj Sansthan Pusad and its Ayurvedic Medical College, challenged an order dated 19.07.2019 passed by the Union of In...

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Bombay High Court Allows Cooperative Housing Society's Petition Quashing MHADA Circular Imposing Additional Premium on Redevelopment. Circular dated 17-10-2007 held ultra vires and not applicable retrospectively to societies which had already obtained NOC, IOD, and Commencement Certificate.

The petitioner, Vishva-Villa Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, owned a plot o...

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Bombay High Court Rejects Plaint for Non-Compliance with Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Urgent Interim Relief and Without Mandatory Mediation is Barred.

The defendant, Dipti Co-operative Housing Society Ltd, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking reje...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...