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Bombay High Court Allows Writ Petition Challenging Rejection of Temporary Injunction in MOFA Dispute Over Parking Spaces. Court Restrains Society Members from Obstructing School's Use of 110 Stilt Parking Spaces Pending Suit.

The petitioner, Goel Ganga Foundation, runs an international school and filed a suit for injunction against the Federation of Swarganga Co-operative S...

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Bombay High Court Allows Declaration of Lapsed Reservation Under Section 127 of MRTP Act for Land Reserved for Public Primary School Extension. The court held that failure to acquire land within 10 years of purchase notice results in deemed lapse of reservation.

The petitioner, Ramakant Vasudeo Pai, owned land bearing Survey No. 21/2/C, admeasuring 1,170.92 square meters, situated at Lonavala, Pune. The land w...

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Bombay High Court Upholds Constitutional Validity of Section 50C of Income Tax Act, 1961 in Stamp Duty Dispute. Development Agreement Stamp Duty Based on Ready Reckoner Rate Upheld; Section 50C Not Ultra Vires.

The petitioner, Bhatia Nagar Premises Cooperative Society Limited, is a cooperative society that owns land with a building. It entered into a Developm...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Rules Against Export Tax Exemption for Helium Gas Supplied to ONGC at Mumbai High. Sales to ONGC at Mumbai High Not Exports Under Section 5(1) Central Sales Tax Act as Mumbai High Is Not a Foreign Destination.

The case involves a sales tax reference under Section 61(4) of the Bombay Sales Tax Act, 1959, arising from a decision of the Maharashtra Sales Tax Tr...

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Bombay High Court Dismisses Appellant's Appeal Against Arbitration Award as Time-Barred Under Article 119 of Limitation Act. Limitation period for setting aside award runs from date of notice of filing of award, not from date of receipt of award.

The appeal arises from a judgment of a Single Judge of the Bombay High Court dismissing an arbitration petition filed by Oil and Natural Gas Corporati...

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Bombay High Court Dismisses Suit for Damages for Breach of Contract — Plaintiff Failed to Prove Valid Contract and Damages. Cotton Corporation of India's claim for Rs.94,77,722.60 against Bombay Dyeing for non-lifting of cotton rejected as no binding contract was established and damages were not proved.

The plaintiff, The Cotton Corporation of India Limited, a government-owned canalising agent for import of cotton, filed a suit against The Bombay Dyei...

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Bombay High Court Dismisses Writ Petition Challenging Agricultural Land Tribunal Order in Tenancy Dispute. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948; Sale Deed Held Invalid as Tenant Was in Possession.

The petitioners, legal representatives of Maharudrappa Baslingappa Swami, filed a writ petition challenging the orders of the Agricultural Land Tribun...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...