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Bombay High Court Allows Refund of Stamp Duty on Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act — Purpose of Instrument Failed. Development Agreement is an instrument covered under Section 47(c)(5) for refund when the purpose fails, and Section 48 is only a limitation provision.

The petitioner, M/s. Chandiwala Enterprises, a registered partnership firm, entered into a Development Agreement with Neel Ashiward CHS Ltd. on 2nd Se...

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Bombay High Court Allows Petition Challenging Customs Duty Demand for Goods Imported at Different Port. Commissioner of Customs, Bombay lacks jurisdiction to demand duty for goods imported at New Delhi under an advance licence after change of port of registration.

The petitioner, Vimal Nath, carrying on business as M/s Sharika Intl, was issued an advance licence on 16/2/1994 by licensing authorities at Delhi per...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Quashes Summoning of Insurance Company Employees for Election Duties. Government Company Not a Local Authority Under Section 29 of Representation of the People Act, 1950.

The petitioner, The Oriental Insurance Company Limited, a Government company registered under the Indian Companies Act, 1913, filed a writ petition ch...

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Bombay High Court Upholds Will in Testamentary Suit, Dismissing Challenge by Widow of Predeceased Son. Court Finds No Suspicious Circumstances or Undue Influence Proven, Holds Will Valid Under Indian Succession Act, 1925.

The dispute arose from the testamentary proceedings concerning the estate of Lady Jena Jamshedji Duggan, a social worker and dowager who died on 2nd S...

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Supreme Court Dismisses Appeal of Nursing College Seeking Recognition for B.Sc and M.Sc Nursing Courses. Appellant failed to submit complete application and lacked own Parent Hospital as required by Indian Nursing Council guidelines.

The appellant, Pt. Bateswari Dayal Mishr Shiksha Samiti, runs Dayal Nursing College, Gwalior, and claimed to have been running B.Sc (Nursing) since 20...

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Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...