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Bombay High Court Adjudicates Batch of Writ Petitions Filed by Sugar Factories and Distilleries Against State of Maharashtra Regarding Excise Transport Fees. Petitioners Challenged Validity of Transport Fee Demands Under Bombay Prohibition Act, 1949.

The Bombay High Court, in exercise of its civil appellate jurisdiction, adjudicated a batch of fifty-one writ petitions filed by various sugar factori...

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Bombay High Court Dismisses Appeal Under MPID Act Seeking Release of Attached Property — Property Acquired During Pendency of Criminal Proceedings Cannot Be Claimed as Bona Fide Purchaser Without Notice.

The case involves an appeal filed by Ved Prakash Arya under Section 11 of the Maharashtra Protection of Interest of Depositors (in Financial Establish...

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Bombay High Court Allows Petition Challenging Section 9 Jurisdiction in International Commercial Arbitration — Implied Party Finding Set Aside. Part I of Arbitration and Conciliation Act, 1996 applies to pre-BALCO agreements, but non-signatory cannot be treated as implied party without express consent.

The petitioners, GL Asia Mauritius II Cayman Limited and others, filed a writ petition challenging an order dated 21/08/2010 passed by the District Ju...

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WRIT PETITION NO. 2908 OF 2016

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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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Bombay High Court heard challenge to deemed conveyance order under MOFA; developer alleged res judicata due to consent decree. Developer contended that Competent Authority lacked jurisdiction under Section 11(3) when consent decree already provided for conveyance.

The writ petition was filed by developers challenging an order of deemed conveyance passed by the Competent Authority under Section 11(3) of the Mahar...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Allows Lapsing of Land Reservation Under MRTP Act Due to Non-Acquisition Within Ten Years. Land reserved for Elevated Service Reservoir declared lapsed as Planning Authority failed to acquire or take proceedings within statutory period under Section 127 of MRTP Act.

The petitioner, Jawahar Hiralal Mehta, through his power of attorney holder, filed a writ petition under Article 226 of the Constitution of India befo...