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Supreme Court Partially Allows Appeal in Specific Performance Suit — Decree Limited to Co-owner's Share Only. Agreement to Sell by One Co-owner Cannot Bind Other Co-owner's Share Without Authority Under Hindu Succession Act, 1956.

The appeals arose from a suit for specific performance of an agreement to sell dated 24.4.1979 concerning property at 1B, Palace Road, Bangalore. The ...

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Bombay High Court Dismisses Petition for Extension of Time Under Voluntary Disclosure Scheme 1997 — Tax Paid Beyond Stipulated Period Invalidates Declaration. Section 67 of the Finance Act, 1997 Mandates Full Payment Within Three Months; No Power to Extend Time.

The petitioner, Sitaram Jayramdas Shethi Miraj, filed a declaration under the Voluntary Disclosure Scheme 1997 on 25th December 1997, disclosing an in...

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Bombay High Court Considers Challenge to Maharashtra Excise Notifications Discriminating Against Imported Wines. Petitioner contends that the impugned notifications violate GATT national treatment principle and constitutional rights under Articles 14, 19(1)(g) and 253.

The writ petition before the Bombay High Court involved a challenge by an importer of foreign wines, holding an FL-I licence, to several notifications...

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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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Bombay High Court Allows Customs Appeal in Rig Import Valuation Case — Upholds Reassessment Based on Higher Transaction Value. Customs Duty Demand on 'Pride Pennsylvania' Rig Upheld as Invoice Value Not Sole Determinant Under Customs Act, 1962.

The Commissioner of Customs (Imports), Mumbai, appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which h...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Allows Petition Challenging Policy Circulars in SEIS Benefits Case — Circulars Imposing Additional Conditions for Service Providers Held Ultra Vires. Shipping Agent Entitled to SEIS Benefits as Service Provider Under Foreign Trade Policy.

The petitioner, Atlantic Shipping Private Limited, a shipping agent providing port services and logistical support to foreign clients, challenged the ...

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Bombay High Court Hears Challenge to Denial of Exemption for Transitional Product Specific Safeguard Duty under Section 8C of Customs Tariff Act, 1975. Petitioner Asserts Notification No.96/2009-Cus. Intended to Exempt All Safeguard Duties and Phrase 'under section 8B' is Discriminatory.

The petitioner, a public limited company manufacturing pneumatic tyres, regularly imported Carbon Black from the People’s Republic of China. Carbon ...