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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...

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Bombay High Court Disposes of Writ Petitions Challenging Customs Restriction on Import of Colour Picture Tubes and Video Tape Deck Mechanisms. Court Examines Whether Public Notice No. 109/89 Dated 21 March 1989 Renders Imports Under Pre-Issued Additional Licences Invalid.

The petitioners, manufacturers of colour televisions, imported Video Tape Deck Mechanism (VTDM) and Colour Picture Tubes (CPTs) against additional lic...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376, 506 read with Section 34 IPC set aside as prosecutrix's testimony was unreliable and medical evidence did not support rape.

The appeals arise from a common judgment of conviction and sentence passed by the Additional Sessions Judge, Shrirampur in Sessions Case No. 75 of 199...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498-A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

The appellants, Sambhaji Mahadeo Kadam (accused No.1), Mahadeo Khandu Kadam (accused No.2), and Shantabai Mahadeo Kadam (accused No.3), were convicted...