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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Bombay High Court Allows Recovery Suit for Cotton Price and Interest — Contract Deemed Accepted Under Clause 33. The court held that the defendant was liable to pay the price of cotton bales and other charges with interest at 20% per annum.

The plaintiff, The Cotton Corporation of India Ltd., filed a suit for recovery of Rs.15,78,006.49 along with interest at 20% per annum against the def...

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Bombay High Court Quashes Recovery Notice for Stamp Duty on Mortgage Deed Executed by Cooperative Society Under Government Remission Order. Government Order for Remission of Stamp Duty Dated 19.3.1990 Held Binding on Authorities Despite Subsequent Audit Objection.

The petitioner, Yashwantrao Chavan Shetkari Sahakari Soot Girni Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies...

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Bombay High Court Dismisses Insurance Company's Challenge to Stamp Duty Demand on Marine-cum-Erection Policies. Policies for construction of rigs classified as Sea Insurance under Article 47A(ii) of Indian Stamp Act, 1899.

The petitioners, Oriental Insurance Co. Ltd. and its Divisional Manager, challenged a demand for stamp duty on six insurance policies issued in favor ...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Quashes Entertainment Tax Demand Against Charity Show Organizer. Show for Blind Held Exempt Under Section 7 of Bombay Entertainments Duty Act, 1923; Recovery Barred by Limitation.

The judgment concerns two writ petitions challenging a common order/action by the State of Maharashtra to recover entertainment duty from the organize...

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High Court Quashes Appellate Order and Remands GST Refund Case for Fresh Consideration Due to Violation of Natural Justice. Appellate Authority Dismissed Appeal Without Considering Merits or Granting Hearing, Mandating Remand Under Section 107(11) of KGST/CGST Act.

The petitioner, M/S ITD CEMINDIA JV, an association of persons, filed a writ petition under Articles 226 and 227 of the Constitution of India before t...