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High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

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Bombay High Court Dismisses Petition Challenging Refusal to Impound Agreement of Sale in Specific Performance Suit. Notarised Agreement of Sale Not an Instrument Chargeable with Stamp Duty Under Maharashtra Stamp Act, 1958.

The petitioners (defendants in the suit) challenged a common order dated 22/8/2019 passed by the learned Senior Civil Judge at Pune in Special Suit No...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...

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Bombay High Court Dismisses Petitions Challenging CBI Investigation in Bhima Koregaon Case — Sanction Under Section 197 CrPC Not Required for CBI Officers. CBI Investigation Valid Under DSPE Act as Section 6A Struck Down by Supreme Court.

The judgment concerns four writ petitions filed by individuals (Anant Pandurang Kale, Ashwini Kshirsagar, Naveen Kumar Rai and Siraj Razzak Bagwan, Pa...

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Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

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Bombay High Court Dismisses Vodafone's Appeal on CENVAT Credit for Telecom Towers and Shelters. CENVAT Credit on Towers and Prefabricated Buildings Denied as They Are Immovable Property and Not Capital Goods Under CENVAT Credit Rules, 2004.

The Appellant, Vodafone India Ltd., filed appeals under section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994, cha...

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Bombay High Court Allows ESI Corporation's Appeal, Holds Software Development as Manufacturing Process Under ESI Act. Computer software development is a manufacturing process under Section 2(k) Factories Act, 1948, making employees eligible for ESI coverage.

The judgment concerns two appeals filed against orders of the Employees' Insurance Court, Mumbai, which had held that computer software development co...

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Bombay High Court Allows Writ Petition Challenging Denial of Exemption Under Notification No.119/75 for Job Work — Goods Manufactured on Job Work Basis Eligible for Duty Exemption on Job Charges

The Petitioner, M/s Godrej Soap Ltd., filed a Writ Petition challenging an order dated 23.3.1989 passed by the Collector of Central Excise (Appeals) d...