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Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

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Supreme Court Dismisses Appeal in Insolvency Case Involving Trademark Ownership Dispute. The Court upheld NCLAT's finding that NCLT's declaration of trademark ownership impermissibly modified the approved Resolution Plan under the Insolvency and Bankruptcy Code, 2016.

The appeal arose from a dispute over trademark ownership in the context of a corporate insolvency resolution process under the Insolvency and Bankrupt...

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Supreme Court Sets Aside Monetary Demand for Breach of Exemption Conditions Under Urban Land Ceiling Act. The Court Held That the Act Does Not Empower Authorities to Levy Demand as Arrears of Land Revenue; Only Withdrawal of Exemption or Declaration of Land as Excess Is Permissible.

The appellant, Shridhar C. Shetty (deceased through legal representatives), was granted exemption under Sections 20 and 21 of the Urban Land (Ceiling ...

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Supreme Court Restores Stay for Tenant in Eviction Case Due to Substantial Compliance with Conditional Order. Tenant Directed to Pay Reduced Damages for Remaining Premises Pending Appeal.

The case arises from an eviction suit filed by the respondent-landlord against the appellant-tenant regarding a property comprising a basement and sec...

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Bombay High Court Directs State to Issue Notification Giving Effect to Withdrawal of Land Acquisition Under Section 48(1) of Land Acquisition Act, 1894. Minister's Order Deleting Land from Acquisition Must Be Implemented by Issuing Appropriate Notification.

The petitioner, Vishnudev Coop. Hsg. Society, a registered cooperative society, was the owner of land admeasuring 10H 33R forming part of Survey No.21...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...