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Bombay High Court Allows Petition for Section 54 Exemption on Purchase of House in USA — Amendment by Finance (No.2) Act 2014 Not Retrospective. The Court held that the amendment restricting exemption to investment in India is prospective and does not apply to transfers before 1st April 2015.

The petitioner, Hemant Dinkar Kandlur, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Cotton Supply Dispute. Consolidation of Claims from Nine Contracts with Identical Terms Does Not Violate Fundamental Policy of Indian Law Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, BST Textile Mills Pvt. Ltd., entered into nine contracts with the respondent, The Cotton Corporation of India Ltd., for the purchase o...

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Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

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Bombay High Court Dismisses Writ Petition of Bharat Petroleum in Eviction Suit — Concurrent Findings of Valid Tenancy Termination and Mesne Profits Upheld. Small Causes Court Had Jurisdiction Under Presidency Small Causes Courts Act, 1882 and Maharashtra Rent Control Act, 1999.

The petitioner, M/s. Bharat Petroleum Corporation Limited (defendant), challenged the judgment and decree dated 30th January, 2002 passed by the Court...

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High Court Dismisses Letters Patent Appeal in Flat Ownership Dispute Between Appellants and State of Maharashtra, Upholds Single Judge's Order Directing Pursuit of Rights in Competent Forum

The Letters Patent Appeal was filed against the Single Judge's order, which disposed of the petition on grounds that the challenged order did not prej...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Produce Original Document and Attesting Witness. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 for Non-Production of Original Agreement.

The appellant, original defendant, challenged the decree of specific performance passed by the trial court in favour of the respondents/plaintiffs. Th...