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Bombay High Court Allows Writ Petition, Restores Trial Court Order Rejecting Application Under Order 9 Rule 13 CPC. Decree Passed Under Order 8 Rule 10 CPC for Failure to File Written Statement Cannot Be Set Aside Under Order 9 Rule 13; Proper Remedy Is Appeal.

The petitioner, Ashok Kundalrai Mohekar, was the owner of suit premises occupied by respondent Nos. 1 and 2 (National Textile Corporation Ltd.) as ten...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax TDS Case — Wheeling and Transmission Charges Not Rent Under Section 194I. Payments for Use of Transmission Lines Held Not Rent as No Transfer of Possession or Right to Use Occurs.

The case involves an appeal by the Commissioner of Income Tax (TDS) against the order of the Income Tax Appellate Tribunal (ITAT) which held that whee...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award holding borrowers jointly and severally liable for Rs.9.88 crore with interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Abid & Company Steels Private Limited and its directors, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Service Tax Reimbursement Dispute. Contractual interpretation of service tax liability under security services contract upheld by arbitrator.

The petitioner, Bombay Intelligence Security (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Petitioner in Iron Ore Fines Sale Dispute. Rejects Respondent's Challenge Based on Public Policy and Natural Justice Under Sections 44-49 of Arbitration & Conciliation Act, 1996.

The petitioner, Noble Resources Ltd., a Hong Kong company, entered into a contract on 9 May 2008 with the respondent, Twenty First Century Wire Roads ...

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Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause.

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt...

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Bombay High Court Dismisses Appeal Against Interim Injunction in Succession Act Proceeding — Section 41(b) of Specific Relief Act Not a Bar to Injunction Under Section 383 of Indian Succession Act, 1925

The case involves an appeal against an interim injunction order passed by the Civil Judge (Sr.Dn.), Yavatmal, in M.J.C. No. 40 of 2014. The appellant,...