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Bombay High Court Dismisses Housing Society's Petition Challenging Refund Order in Cooperative Dispute. Society's Demand of Rs.5,00,000 for Transfer Regularization Held Unjustified and Directed to Refund Rs.4,75,000 with Interest.

The petitioner, Alankar Sahkari Griha Rachana Sanstha Maryadit, a housing society, challenged the order dated 12th December, 2013 passed by the Mahara...

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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...

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Bombay High Court Quashes FIR in Matrimonial Dispute Due to Compromise Between Spouses — Settlement Reached Through Mediation, No Prima Facie Case for Cruelty Under Section 498-A IPC.

The applicants, who are the husband and his relatives, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking q...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Rules Against Stamp Duty on Amalgamation Orders Under Companies Act, 1956. Court Order Sanctioning Scheme of Amalgamation Is Not a Conveyance Under Bombay Stamp Act, 1958.

The case involved a reference under the Bombay Stamp Act, 1958, arising from a scheme of amalgamation between Reliance Industries Limited (transferee)...