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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...

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Bombay High Court Dismisses Petitioners' Challenge to Tenancy Rights in Third Round of Litigation. Respondent's Adoption by Widow Before Tillers Day Confers Tenancy Rights Under Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a long-standing dispute over tenancy rights in two agricultural lands (Survey No.37/4 and 38/6) in Village Kharshi, Satara District....

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Bombay High Court Allows Writ Petition Challenging Eviction Decree on Ground of Lack of Jurisdiction of Small Causes Court. Suit for Possession Based on Title Cannot Be Entertained by Small Causes Court When Relationship of Landlord-Tenant Is Denied.

The petitioners were defendants in a suit filed by the respondent for recovery of possession of a house property. The respondent claimed to be the own...

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Gujarat High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Non-Application of Mind. Notice Issued Based on Search Materials Without Independent Satisfaction or Opportunity of Hearing Held Invalid.

The petitioner, Dilipbhai Prabhudas Patel, an individual and part of the PSY Group engaged in real estate business, filed his return of income for Ass...