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Bombay High Court Dismisses Petition Seeking Return of Plaint in Specific Performance Suit, Holds Dispute Falls Within Commercial Dispute Definition. Agreement for Development of Land Involves Commercial Activity Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015.

The petitioner, original defendant no.3(a) to 3(c) in a suit for specific performance of a development agreement dated 1st October 2014, filed a writ ...

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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Debt Recovery Tribunal Has Exclusive Jurisdiction Under RDDB Act, 1993, and Arbitration Clause Cannot Oust It.

The Bombay High Court dismissed a writ petition filed by Harvestdeal Securities Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRA...

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Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

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Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

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Bombay High Court Allows Appointment of Arbitrator in Iron Ore Sale Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Court holds that existence of arbitration clause in MOU and failure of respondent to appoint arbitrator entitles applicant to seek court's intervention.

The applicant, M/s. Hira Steel Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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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 Quashes Criminal Proceedings Against Teachers for Lack of Sanction Under Section 197 CrPC. Acts Alleged to be in Discharge of Official Duty Require Prior Sanction for Prosecution of Public Servants.

The judgment involves a batch of nine criminal applications filed by applicants (complainants) against non-applicant teachers and the State of Maharas...