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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Karnataka High Court Sets Aside Order Allowing Amendment in Final Decree Proceeding — Amendment Sought After Final Decree Drawn Up Held Impermissible. Order VI Rule 17 CPC cannot be invoked to change the case after final decree is concluded.

The petitioners, Mrs. Aysha and S. Mohammed Iqbal, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 20....

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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Bombay High Court Hears Suit for Specific Performance of Contract for Sale of Property at Bandra, Mumbai. Contractual Dispute Centers on Vendor's Obligation to Provide Vacant Possession and Marketable Title, and Validity of Sale of Minor's Share Without Court Permission.

Background: The suit pertains to a contract for sale of freehold land and structure at Bandra, Mumbai, entered into on 26 June 1993 between the plaint...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...