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Bombay High Court Allows State Appeal in Stamp Duty Dispute — Conveyance Deed Not Exempt Under Article 5(e) of Schedule I of Bombay Stamp Act, 1958. Transfer of Development Rights (TDR) by CIDCO to Developer Held Liable to Stamp Duty as Conveyance, Not as Instrument of Lease or License.

The case involves two Letters Patent Appeals filed by the State of Maharashtra and other stamp authorities against a common judgment of a learned Sing...

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Bombay High Court Dismisses Petition by Lessee in Lease Renewal Dispute Due to Failure to Prove Timely Notice. Option to Renew Lease Must Be Exercised Before Expiry of Original Term; Notice Given After Expiry Is Invalid Under Clause 3(c) of Lease Deed.

The case involves a lease deed dated 27th August 1956 between Burmah Shell Oil Storage & Distributing Company of India Ltd. (predecessor-in-title of t...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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Bombay High Court Allows Writ Petition Challenging Termination of Lease by BEST Undertaking Without Following Principles of Natural Justice. Lease Termination Quashed for Violation of Natural Justice as No Opportunity of Hearing Was Given.

The petitioner, Fortpoint Automotive Private Limited, was allotted a portion of land at Mahim Bus Depot by the Brihanmumbai Electric Supply & Transpor...

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Bombay High Court Restrains Government from Terminating Salt Land Lease Without Proper Notice and Hearing. Lease Termination Order Set Aside for Violation of Principles of Natural Justice and Non-Compliance with Section 106 of the Transfer of Property Act, 1882.

The plaintiff, Vikas Kamalakar Walawalkar, filed a suit seeking a declaration that the termination of lease/grant of salt land by the Deputy Salt Comm...

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Bombay High Court Dismisses Revision Against Eviction Decree and Mesne Profit Order in Lease Dispute. Lease Deed Term Expired After Renewal Periods; Termination Notice Valid Under Section 41 of Presidency Small Cause Courts Act, 1882.

The case involves a lease dispute between landlords (respondents) and a tenant (applicant, Hindustan Petroleum Corporation Limited). The landlords exe...

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Bombay High Court Allows MIDC to Resume Possession of Plots from Company in Liquidation for Non-Payment of Rent. Lease Termination Upheld Under Section 433(e) of Companies Act, 1956 — Permission Granted Under Section 446 for Resumption of Possession.

The Maharashtra Industrial Development Corporation (MIDC) filed an application seeking permission to resume legal and physical possession of Plots No....

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...