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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...

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Bombay High Court Upholds Interim Injunction in Shareholder Dispute Over Share Transfer Agreement — Agreement dated 14th June 2019 Held Valid and Enforceable.

The dispute arises out of a Share Purchase Agreement dated 14th June 2019 between the Kamdar Group (appellants) and the Sanghvi Group (respondents) fo...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...

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Bombay High Court Dismisses Petition Under Section 31(1)(aa) of SFC Act for Non-Compliance with Pre-Deposit Condition. Court holds that failure to deposit 25% of the amount due under Section 31(7) of the State Financial Corporations Act, 1951 renders the petition not maintainable.

The petitioner, M/s. SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1...

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Bombay High Court Allows Petition of Complainant Company in Criminal Complaint — Magistrate's Order Under Section 156(3) CrPC Restored. Revisional Court Erred in Dismissing Complaint as Not Being a Complaint Under Section 2(d) CrPC When It Clearly Contained Allegations of Cognizable Offences.

The petitioner, M/s. Royal Palms (India) Pvt. Ltd., a company registered under the Companies Act, filed a complaint through its authorized representat...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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High Court Quashes Criminal Proceedings Against Accused No.2 in Cheating Case Due to Civil Nature of Dispute. Section 420 IPC read with Section 34 IPC not attracted as allegations primarily relate to breach of contract and civil liability.

The petitioner, Yennarkay R Rajaratnam, was accused No.2 in C.C.No.13283/2016 pending before the IX Additional Chief Metropolitan Magistrate, Bengalur...