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Bombay High Court Allows Writ Petition Challenging Deficit Stamp Duty Demand — Limitation Period Under Section 32-A(1) of Bombay Stamp Act, 1958 Is Mandatory. Demand for deficit stamp duty and penalty made after 5 years from execution of instrument is without jurisdiction and liable to be quashed.

The petitioner, Meena Shyam Tulsani, purchased a commercial office premises admeasuring 351 sq.ft super built up area in 1999 through a notarized agre...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Dismisses Revenue's Appeals as Not Maintainable in Service Tax Refund Case. The issue of refund under notifications granting exemption for services consumed in SEZ relates to rate of duty, thus appeal lies to Supreme Court under Section 35G(1) of Central Excise Act, 1944.

The case involves a batch of appeals filed by the Commissioner of Central Excise & Service Tax, Pune (Revenue) against an order dated 28th March 2013 ...

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Bombay High Court Quashes FIR in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that mandatory sanction for prosecution of public servants was not obtained, rendering the entire proceedings unsustainable.

The applicants, Ravindra Babulal Jain and Ashish Tejmal Mugdiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 197...