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Bombay High Court Grants Interim Protection to Petitioners in Commercial Arbitration Petition Under Section 9 of Arbitration Act. Exclusive Rights to Manufacture Ice Cream Under 'Vadilal' Brand in Designated Territories Preserved Pending Arbitration Arising from 1993 Family Settlement.

Shailesh R. Gandhi, Bela S. Gandhi, and Vadilal Dairy International Limited (formerly Super Milk Makers Private Limited) filed a petition under Sectio...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Allows Landlord's Eviction Petition and Dismisses Tenants' Petition in Agricultural Tenancy Dispute. Landlord's bonafide need for personal cultivation under Section 33B and default in rent under Section 25 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 upheld.

The judgment concerns two writ petitions arising from agricultural tenancy disputes over the same suit property. The landlord, Tukaram Maruti Dubal, f...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Land Ownership in Urban Land Ceiling Case — Successor Corporation Cannot Reopen Final Orders Under ULC Act After Vesting of Land in State.

The Bombay High Court dismissed a writ petition and a second appeal filed by the Sangli Miraj Kupwad Cities Municipal Corporation (successor of Miraj ...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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Supreme Court Refers Issue of PP Act Overriding Rent Control Acts to Three-Judge Bench. Constitution Bench in Ashoka Marketing (1990) 4 SCC 406 held PP Act prevails; two-judge bench in Suhas H. Pophale (2014) 4 SCC 657 carved exceptions; conflict referred for determination.

The batch of civil appeals arose from eviction proceedings initiated by the Life Insurance Corporation of India under the Public Premises (Eviction of...