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Bombay High Court Dismisses Appeal in MOFA Agreement Dispute Due to Delay and Conduct — Termination of Agreement Upheld as Plaintiffs Failed to Seek Timely Interim Relief.

The appellants, Purnimakumari Dharmendra Jain and Dharmendra Khetalal Jain, filed a suit in the Bombay High Court seeking a declaration that an agreem...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Dismisses Petition Challenging Monitoring Committee's Order in Mukesh Mills Redevelopment Case — CRZ-II Zoning and Development Control Regulations Apply to Textile Mill Land.

The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton t...

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Bombay High Court Dismisses Petition Challenging Exemption Order Under ULC Act Due to Reservation in Development Plan — Petitioner Failed to Implement Scheme Despite Exemption, No Ground for Modification After Repeal of ULC Act.

The petitioner, Smt. Sitabai Ramchandra Lonkar, filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 13th ...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

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Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late.

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. T...

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High Court Sets Aside Arbitral Award in Partnership Dispute Between Parties Arbitration Petition Allowed Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Procedural Irregularities

The High Court allowed an arbitration petition challenging an arbitral award in a partnership dispute -- The Court found that the arbitral tribunal co...