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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC.

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 19...

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Bombay High Court Dismisses Landlord's Petition in Rent Control Dispute Over Subletting and Bona Fide Requirement. Landlord Failed to Prove Illegal Subletting and Bona Fide Need for Suit Property Under Bombay Rent Act.

The petitioner, Milind Rajkumar Wagholikar (Shah), was the landlord of a suit property bearing CTS No. 506/34, new CTS No. 866, admeasuring about 7500...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...