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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Allows Land Acquisition Compensation Revision Applications Due to Delay Condonation and Enhanced Compensation Claims. The court held that delay in filing reference under Section 18 of Land Acquisition Act, 1894 should be condoned and matters remitted for fresh adjudication.

The judgment involves multiple civil revision applications filed by landowners whose lands were acquired for public purposes under the Land Acquisitio...

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Bombay High Court Allows Appeals, Remands Case for Fresh Assessment, Clarifies Taxability of Unauthorised Structures and Reassessment of Land. Unauthorised Structures Held Liable to Property Tax Under Mumbai Municipal Corporation Act, 1888, While Land Already Assessed Cannot Be Reassessed.

The four first appeals before the Bombay High Court arose out of orders passed by the Small Causes Court in municipal appeals concerning the fixation ...

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High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

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High Court of Bombay at Goa Examines Challenge to Hotel Construction Permissions on Mandovi River Bank Under Coastal Regulation Zone Notification. Environmental Group Alleges Violations of CRZ Norms Due to Construction Within 100 Metres of High Tide Line.

The case originated from a writ petition filed in 1993 by an environmental society and an individual resident of Goa, challenging a series of permissi...

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Bombay High Court Dismisses Writ Petitions Challenging Order Allowing Production of Additional Documents in RAE&R Suit. Court Held That Mere Production of Documents Without Ruling on Admissibility Does Not Cause Prejudice to Petitioners.

The case involves four writ petitions filed by the petitioners challenging an order dated 1 August 2022 passed by the learned Judge, Small Causes Cour...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

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Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

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High Court of Bombay Passes Interim Orders Directing Restoration of Lake and Prevention of Mangrove Destruction in Navi Mumbai. Modification of Development Plan to Permit Golf Course Raised Public Interest Concerns.

The public interest litigations were filed to address the systematic destruction of mangroves and wetlands in Navi Mumbai. The petitioners in PIL 218/...