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COMMERCIAL EXECUTION APPLICATION (Lodging) NO.2701 OF 2018

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Allows Petitions Challenging Rejection of Refund Applications Under Maharashtra Stamp Act. Refund of Stamp Duty on Deemed Cancellation of Agreements for Sale Allowed Where Agreements Were Not Registered and No Instrument of Cancellation Was Executed.

The Petitioners, Qwik Supply Chain Pvt Ltd and another, filed two Writ Petitions challenging the orders dated 07.03.2015 and 08.02.2018 passed by the ...

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Bombay High Court Hears Cross Appeals in Mortgage Redemption Suit Without Naming Parties. The Court Examines Whether a 1947 Mortgage Was Redeemed by Partial Heirs in 1959, Affecting Rights of Other Co-Heirs.

The present appeals arise from a mortgage redemption suit filed in 1976. The original plaintiffs (legal heirs of the mortgagor) sought redemption of a...

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Bombay High Court Hears Challenge to Sales Tax Assessment on Inter-State Movement of Brahmos Missiles for Job Work. The Court Examines Whether Transfer of Goods for Warhead Integration Constitutes Inter-State Sale Under Central Sales Tax Act, 1956.

The judgment, though incomplete in its provided excerpt, deals with a writ petition filed by BrahMos Aerospace Private Limited, a joint venture betwee...

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Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...