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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

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Bombay High Court Dismisses Husband's Petition Challenging Enhanced Maintenance to Wife Under Section 127 CrPC. Enhancement of maintenance from Rs.250 to Rs.1000 per month upheld as reasonable and not excessive.

The petitioner, Gangadhar Narhari Kedare, is the husband of the respondent, Sonyabai Gangadhar Kedare. The respondent-wife had initially filed an appl...

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High Court Dismisses Appeal by Municipal Corporation Against Arbitral Award in Octroi Collection Contract Dispute. Court Upholds Arbitrator's Finding of Breach by Corporation and Award of Damages with Interest Under Section 37 of the Arbitration and Conciliation Act, 1996.

The Solapur Municipal Corporation (appellant) entered into an agreement with M/s. Garuda Aviation Services Pvt. Ltd. (respondent) for collection of oc...

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Bombay High Court Grants Anticipatory Bail to Accused in Unlawful Assembly and Rioting Case — No Prima Facie Case of Murder Made Out. Court Held That Section 302 IPC Is Not Attracted as There Was No Common Intention to Kill and the Death Was Caused by a Single Blow During a Sudden Fight.

The judgment pertains to three criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in con...

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Bombay High Court Allows Writ Petition Against Rejection of Leave to Defend in Rent Control Case — Remands for Fresh Consideration of Defence Documents. Competent Authority and Revisional Authority Failed to Consider Documents Filed by Tenant Under Section 43 of Maharashtra Rent Control Act, 1999.

The Petitioner, Vijesh Chawla, was the respondent in an application filed by Jacob Verghese under Section 24 of the Maharashtra Rent Control Act, 1999...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...