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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Quashes Deficit Stamp Duty Demand on Development Agreement — Agreement Not a Conveyance Under Bombay Stamp Act, 1958. Development Agreement Held Chargeable Under Article 5(ga) at 1% of Consideration, Not Market Value.

The petitioner, M/s. Prasun Developers, challenged orders of the Joint District Registrar and Collector of Stamps, Pune, and the Deputy Inspector Gene...

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Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...

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Bombay High Court Dismisses Letters Patent Appeals by Landowners Challenging Slum Dwellers' Protection Under Maharashtra Slum Areas Act. Competent Authority's Classification of Structures as Slums and Occupants' Eligibility Upheld, Affirming Tribunal's Orders.

The High Court of Judicature at Bombay heard nine Letters Patent Appeals (LPA Nos. 107 to 116 of 1996) involving common questions of law and fact. The...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Based on Mere Change of Opinion Without New Material is Invalid.

The petitioner, M/s. Rabo India Finance Limited, a non-banking financial company, challenged a notice dated 28.3.2011 issued under Section 148 of the ...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...