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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

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Bombay High Court Allows Writ Petitions Challenging Income Tax Reassessment Notices for Lack of Proper Sanction. Reassessment notices under Section 148 of the Income Tax Act, 1961 quashed as the approval under Section 151 was granted without proper application of mind by the specified authority.

The petitioner, Altisource Business Solutions India Pvt Ltd, filed three writ petitions challenging reassessment notices issued under Section 148 of t...

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Bombay High Court Allows Writ Petition of Widow Seeking Pension and Pensionary Benefits of Deceased Teacher. Court Directs Payment of Pension and Gratuity Despite Pending Heirship Dispute.

The petitioner, Smt. Tilottama Sharad Bansi, is the widow of Sharad Ramlal Bansi, who was employed as an assistant teacher at respondent No.5 school (...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Extra-Judicial Confession and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole reliance on extra-judicial confession without independent corroboration found unsafe.

The appellant, Arjun Ishwara Gejage, was convicted by the Sessions Judge, Satara, for the murder of a person on 18th February 2014. The prosecution ca...

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Bombay High Court Allows Quashing of Criminal Proceedings in Investment Dispute — Dispute Held Civil in Nature. Section 482 Cr.P.C. Application Allowed as Allegations Do Not Disclose Offences Under Sections 406, 420 IPC.

The applicant, Nandkishor Eknath Kothawade, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order...