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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

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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 Allows Appeal in Seed Supply Contract Dispute — Remands Suit for Fresh Consideration on Breach of Contract and Damages. Trial Court's dismissal of suit for damages set aside due to failure to frame proper issues and consider evidence on breach of stocking agreement.

The appellant, M/s. A.S.N. Agri Genetics Private Limited, filed a suit for damages against the respondent, Basant Agro Tech (I) Limited, alleging that...

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Bombay High Court Allows Depreciation on Original Cost in Amalgamation Case Under Rule 10 of Income Tax Rules. Notional Depreciation to Non-Resident Parent Does Not Reduce Written Down Value for Successor Company.

The case involves an Income Tax Reference under section 256(1) of the Income Tax Act, 1961, arising from the assessment years 1976-77, 1977-78, and 19...

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Bombay High Court Directs State to Pay Provisional Pension to Retired Associate Professor in Writ Petition for Non-Payment of Pension. State directed to finalize pension papers within eight weeks and pay arrears with interest.

The petitioner, Kamlakar Dagdu Narkhade, retired as Associate Professor from K.N. Bhise Arts & Commerce College on 30 April 2010 after nearly two deca...