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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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Bombay High Court Quashes Cancellation of Export Authorization Registration Certificates in Cotton Export Case — Violation of Natural Justice. Registration Certificates Cancelled Without Show Cause Notice or Hearing, Violating Principles of Natural Justice Under Foreign Trade Policy.

The petitioners, M/s. Euroflax Industries and Shri Anuj Mittal, were engaged in the export of raw cotton to Hong Kong and China. On 17 August 2010, th...

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...

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Bombay High Court Dismisses Appeals Against Injunction Order in Pledge Dispute, Upholds Ad-Interim Relief Despite Delay in Pronouncement. Delay of Over One Year in Passing Interlocutory Order Does Not Automatically Vitiate It Unless Prejudice Is Demonstrated.

The case involves three commercial appeals filed under Section 13(1-A) of the Commercial Courts Act, 2015, challenging an order dated 5 June 2023 pass...

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Bombay High Court Allows Modvat Credit in Central Excise Case Due to Lockout Causing Delay in Receipt of Goods. Notification dated 30.3.1994 restricting credit after 30.6.1994 for gate passes issued before 1.4.1994 held inapplicable where delay was due to lockout, a force majeure event.

The petitioners, N R C Limited and Mr. Ashokan A., filed a writ petition under Article 226 of the Constitution of India challenging a Notification dat...

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Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...