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WRIT PETITION NO.6789 OF 2016

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Banking Ombudsman Dispute Over Counterfeit Drafts. Limitation Act Does Not Apply to Proceedings Under Banking Ombudsman Scheme, 2002.

The petitioner, Bank of Baroda, challenged an arbitral award passed by the Banking Ombudsman (respondent no.2) in favor of respondent no.1, Vijaya Ban...

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Bombay High Court Allows ESIC Appeal Against Acquittal in ESI Act Prosecution for Non-Production of Records. Limitation Period Under Section 86(3) of ESI Act Runs from Date of Sanction, Not from Date of Offence.

The Employees State Insurance Corporation (ESIC) filed an appeal against the acquittal of the respondents, Sukhdeo and Pradeep Tardeja, who were charg...