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Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...

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Bombay High Court Allows Writ Petition Challenging Revenue Entries in Mutation Proceedings — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Decide Based on Possession and Revenue Records, Not Title Disputes.

The petitioners, Navin Popatlal Shah and Nitin Sundraji Shah, filed a writ petition under Article 226 of the Constitution of India before the Bombay H...

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High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Karnataka High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Lack of Tangible Material and Mere Change of Opinion. Reopening of Assessment After Full Disclosure and Acceptance of Logo Fee as Revenue Expenditure in Previous Years Held Impermissible.

The writ petition was filed by the assessee, a limited company manufacturing kitchen appliances, challenging a notice dated 11.02.2014 issued under Se...