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Bombay High Court Allows Suit for Specific Performance — Territorial Jurisdiction Issue Deferred to Trial. Court holds that preliminary issue of jurisdiction requires evidence and cannot be decided without trial under Order XVIII Rule 4 CPC.

The suit was filed by Dr. Ashok M. Bhat and another against Harichand Nagpal and another for specific performance of an agreement to sell. The prelimi...

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Bombay High Court Dismisses Petition Challenging IRDA's Rejection of Insurance Broker License Transfer. Transfer of Corporate Agency License Requires Prior Approval Under Insurance Act, 1938 and IRDA Regulations.

The petitioners, including Wills India Insurance Brokers Pvt. Ltd. and others, filed a writ petition under Article 226 of the Constitution of India ch...

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Bombay High Court Quashes Defamation Complaint Against Partners for Lack of Specific Allegations. Partners Cannot Be Vicariously Liable for Defamation Without Showing Direct Involvement in Publication Under Section 500 IPC.

The applicants, Devang Kumar Soni, Sanjay Kumar Nayak, and their partnership firm M/s. Dhavanish & Devang Communication, filed an application under Se...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. The court held that failure to consider the detenu's retraction of confession and non-supply of the retraction letter violated Article 22(5) of the Constitution.

The petitioner, Anju Madan Lalwani, wife of Madan Vishindas Lalwani, filed a writ petition under Article 226 of the Constitution challenging the deten...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court Dismisses Appeal in Copyright Infringement Case — No Prima Facie Case for Injunction Against Film Release. Plaintiff Failed to Establish Sufficient Similarity Between His Story and the Film 'Jannat 2' to Restrain Its Release.

The appellant, Kapil Chopra, filed a suit against Kunal Deshmukh (director), Vishesh Films India Pvt. Ltd. (producer), and Fox Star Studios Private Li...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interlocutory Orders, Upholding Minimal Judicial Intervention in Arbitration. Article 227 of the Constitution of India cannot be invoked to challenge procedural orders during ongoing arbitration proceedings.

The petitioner, M/s Space Wood Office Solution Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging two interlo...