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High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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Bombay High Court Allows Petition Challenging Interest Demand on CLIII License Renewal Fee. Excise Department Cannot Levy Interest Without Specific Statutory Provision Under Maharashtra Excise Act, 2002 or Bombay Foreign Liquor Rules, 1953.

The petitioners, Maheshprasad Dwarkadas Jaiswal and Rajeshwar Dwarkadas Jaiswal, are CLIII license holders for a liquor shop at Shahabazar, Aurangabad...

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Bombay High Court Declares Payments Made by Company in Liquidation Void Under Section 536(2) of Companies Act, 1956 and Orders Refund. Payments made after winding up order to caterer without court approval are void, and the caterer must repay with interest.

The Official Liquidator of M/s. GOL Offshore Limited (in liquidation) filed OLR No. 139 of 2018 under Section 536(2) of the Companies Act, 1956, seeki...

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Bombay High Court Dismisses Appeal in Central Excise Interest Liability Case — No Substantial Question of Law Arises. Interest on differential duty under Section 11AB of Central Excise Act, 1944 is payable when price variation clause exists and duty is paid after price revision.

The case involves an appeal by Gammon India Ltd. (formerly Associated Transrail Structures Ltd.) against an order of the Customs, Excise and Service T...

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Bombay High Court Allows Insolvent's Application to Set Aside Ex-Parte Adjudication Order in Insolvency Proceedings — Delay of 22 Days Condoned. The court held that the Insolvent had sufficient cause for non-appearance and that the ex-parte order was passed without proper service of notice.

The case involves an application by the Insolvent, Parmanand Sitlaprasad Pandey, seeking to set aside an ex-parte adjudication order passed in insolve...