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Bombay High Court Quashes Deficit Stamp Duty Demand on Development Agreement — Agreement Not a Conveyance Under Bombay Stamp Act, 1958. Development Agreement Held Chargeable Under Article 5(ga) at 1% of Consideration, Not Market Value.

The petitioner, M/s. Prasun Developers, challenged orders of the Joint District Registrar and Collector of Stamps, Pune, and the Deputy Inspector Gene...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Matter for Fresh Consideration on Question of Shares Under Hindu Succession Act. The court set aside the judgments of the trial court and first appellate court and directed the trial court to decide the suit afresh on the question of shares.

The case arises from a partition suit (Regular Civil Suit No. 2005 of 1986) filed by the original plaintiff (since deceased, represented by legal heir...

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High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

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High Court of Karnataka Dismisses State Appeals in Land Acquisition Case — Upholds Compensation Enhancement for Acquired Land. Court holds that belated acquisition proceedings and failure to pay compensation within five years render acquisition lapsed under Section 11A of the Land Acquisition Act, 1894.

The case involves a batch of writ appeals filed by the State of Karnataka and its authorities against the judgment of a learned Single Judge in land a...

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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

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Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...