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Bombay High Court Allows Petitions Challenging Cancellation of Advance Authorizations and Demand for Customs Duty in Sugar Export Cases. Non-compliance with export obligation due to government-imposed export ban constitutes force majeure, and demand for duty with interest cannot be sustained.

The judgment concerns four writ petitions filed by companies engaged in sugar trading and export, challenging the cancellation of advance authorizatio...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Allows Petition in Customs Case — Redemption Fine and Penalty Reduced for Import of Used Personal Effects. Gold chain with diamond pendant held to be 'personal effects' under Baggage Rules, 1998, entitling duty-free import.

The petitioner, a US citizen of Indian origin, arrived in Mumbai on 6th May 2007 from New York. He was wearing a gold chain with a pendant embedded wi...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

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Bombay High Court Dismisses Housing Society's Petition Challenging Refund Order in Cooperative Dispute. Society's Demand of Rs.5,00,000 for Transfer Regularization Held Unjustified and Directed to Refund Rs.4,75,000 with Interest.

The petitioner, Alankar Sahkari Griha Rachana Sanstha Maryadit, a housing society, challenged the order dated 12th December, 2013 passed by the Mahara...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Non-Examination of Complainant Partner. Failure to Prove Legal Liability Under Section 138 of Negotiable Instruments Act, 1881 as Presumption Under Section 139 Stands Rebutted.

The case involves a criminal revision application filed by M/s Reshmi Constructions, a partnership firm, against the acquittal of Laxman Vithal Chunek...

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Supreme Court heard cross-appeals from NCLAT order partly reversing NCLT’s finding on trademark ownership during CIRP; cross-appeal challenged NCLT’s jurisdiction to determine title under Section 60(5) IBC.

The dispute originated in the corporate insolvency resolution process of Fort Gloster Industries Limited (corporate debtor), which was admitted into C...