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Bombay High Court Quashes VIDC Circular Imposing 5% TDS on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of 5% TDS from contractor bills held ultra vires the Income Tax Act, 1961 and the VIDC Act.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, filed three writ petitions challenging Circular No. 9 d...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Rejection by Government Company. Court upholds rejection based on past adverse order, holding that government companies can consider past performance in tender evaluation.

The petitioner, Design Dialogues (India) Pvt Ltd, a private limited company, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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High Court of Judicature at Bombay Adjudicates Letter of Credit Dispute in Common Judgment for Two Suits Arising from Alleged Discrepant Documents. Bank's Liability for Wrongful Debit Examined Under UCP 290 with Emphasis on Strict Compliance and Discrepancy in Shipping Documents.

Two suits were filed arising from a documentary import Letter of Credit facility granted by State Bank of India to Dadlani Silk Stores. Suit No. 1012 ...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement for Sale of Immovable Property — No Concluded Contract Found. Agreement for Sale Not Established as Essential Terms Were Not Finalized and No Written Contract Executed Under Section 54 of Transfer of Property Act, 1882.

The appellants, Rizvi Builders, filed a suit for specific performance of an alleged agreement for sale of a property in Panaji, Goa, owned by responde...

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Supreme Court Disposes of Appeals in Mining Lease Dispute – Withdrawal of Recommendation and Reservation Notifications Challenged.

These appeals arise from a common judgment of the Jharkhand High Court dated April 4, 2007, dismissing writ petitions filed by several companies engag...

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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Failure of Respondent to Appoint Arbitrator Within 30 Days of Demand Triggers Court's Power to Appoint Arbitrator.

The applicant, M/s. Railtech Infraventure Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appoi...