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Supreme Court Allows Appeal in Contractual Forfeiture Case — HUDCO Cannot Forfeit Payments Without Fulfilling Reciprocal Obligations. Allotment Cancellation and Forfeiture of Rs. 28.11 Crores Set Aside as Unjust Enrichment Where Lessor Failed to Execute Agreement to Sub-Lease.

The dispute arose from an allotment letter issued by HUDCO to Tomorrowland Limited for a 99-year lease of land to build a 5-star hotel. The appellant ...

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Supreme Court Allows Appellant's Appeal Against High Court's Jurisdiction Finding in GST Notification Challenge. High Court of Sikkim Lacked Territorial Jurisdiction as Cause of Action for Challenging Goa's GST Notification Arose in Goa, Not Sikkim, Under Article 226(2) of the Constitution.

The dispute originated from writ petitions filed before the High Court of Sikkim by a private limited company engaged in the lottery ticket business, ...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court Allows Writ Petitions Against Revisionary Authority on Jurisdiction Ground. Cause of Action Arises at Place of Revisionary Authority's Office Under Article 226(2) of Constitution of India, Not Where Original Adjudication Order Was Passed.

The Bombay High Court dealt with a preliminary objection regarding the maintainability of six writ petitions challenging orders passed by the Revision...

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Bombay High Court Quashes Notification Removing Waqf Board Member for Ceasing to be Bar Council Member — Holds That Section 14(1)(b)(iii) of Waqf Act, 1995 Does Not Apply to Members Appointed from Bar Council Category.

The petitioner, Asif Shaukat Qureshi, was a lawyer and former Chairman of the Bar Council of Maharashtra and Goa. He was appointed as a member of the ...

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Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...