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Appellant's Appeal Partly Allowed: Trial Court's Denial of Specific Performance Restored. High Court and Appellate Court's Judgments Overturned Due to Plaintiff's Unexplained Delay and Lack of Evidence for Readiness and Willingness

The appellant, originally the defendant in the trial court, challenges the judgment dated 07.06.2011, which partially allowed his second appeal (S.A N...

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Bombay High Court Dismisses Challenge to Land Acquisition for CIDCO Project, Upholds Validity of Acquisition Under 2013 Act. Court holds that acquisition under the 1894 Act had lapsed but was validly revived under the 2013 Act, and that the Court Receiver was not in possession at the time of taking over.

The case involves three writ petitions concerning the acquisition of land bearing survey no. 59/8 at Village Asudgaon, Taluka Panvel, District Raigad,...

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Supreme Court Dismisses Appeal Against SEBI Order Declaring Art Funds as Collective Investment Schemes. Trusts managing pooled investments in art works held to be Collective Investment Schemes under SEBI Act, 1992, despite being structured as trusts rather than companies.

The Supreme Court dismissed Civil Appeal No. 19936 of 2017 challenging the order of the Securities Appellate Tribunal which had upheld SEBI's directio...

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Bombay High Court Allows Appointment of Arbitrator in MOU Dispute Between Developer and Public Trust. Arbitration Clause in MOU dated 16 June 2011 Held Valid and Binding Despite Non-Formation of Special Purpose Entity.

The petitioner, M/s. Devike Constructions and Developers Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, s...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Pay Fixation Dispute — No Misrepresentation by Employee. Recovery of Rs.3,46,931/- from pension set aside as order passed without notice and employee not responsible for pay fixation error.

The petitioner, Rangrao s/o Mersing Jadhav, was appointed as a Peon on 08.11.1983 and superannuated on 31.08.2017 as Junior Administrative Officer (Su...

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Bombay High Court Dismisses Petition Challenging Publication of Name on Website of Beneficiary Dealers in Hawala Transactions Case. Input Tax Credit Claim Based on Bogus Invoices from Fictitious Vendors Justifies Revenue's Action Under MVAT Act.

The petitioner, M/s Timex Art Décor Pvt. Limited, a registered dealer in plywood and decorative laminates, filed Modvat returns for 2008-09 and 2009-...

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Bombay High Court Allows Writ Petition Challenging Environment Tax Demand on Unfit Vehicle. Vehicle Owner Not Liable to Pay Environment Tax on a Vehicle That Is Mechanically Unfit and Permanently Unusable, as Tax Is Levied on Use of Vehicle on State Roads.

The petitioner, Ashokkumar Shankarprasad, owned a Premier Padmini car (registration No. MZV5876) which was 33 years old and mechanically unfit for use...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...