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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Considers Challenge to MCGM's Condition Requiring No Objection Certificate from Indian Navy for Occupancy Certificate and Development Permission. Petitioners Argue That Imposition of Such Condition is Arbitrary and Without Statutory Sanction.

The case involves two writ petitions filed before the Bombay High Court under Article 226 of the Constitution. In Writ Petition No. 229 of 2018, M/s S...

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Bombay High Court Allows Appeal Against Tribunal's Predeposit Order in Central Excise Case — Prima Facie Case for Total Waiver Established. Structural glazing, once erected, becomes immovable property and is not excisable under Heading 76.10 of Central Excise Tariff Act, 1985.

The appellant, MS Alumayer India Pvt. Ltd., is engaged in fabrication and erection of structural glazing. They purchase aluminum angles/profiles, glas...

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Bombay High Court Allows Revision Petition Against Rejection of Section 264 Application for FBT Refund. Intimation under Section 143(1) of the Income Tax Act, 1961 is an assessment order for the purpose of revision under Section 264.

The petitioner, Hindalco Industries Limited, filed a writ petition challenging an order dated 6 March 2019 passed by the Principal Chief Commissioner ...

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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 Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...