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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Upholds Revenue in Income Tax Act Case Involving Cancellation of Trust Registration. Cancellation Under Section 12AA(3) Justified Due to Admission of Bogus Donations and Non-Genuine Activities by the Trust, Violating Its Objects and Misusing Tax Provisions.

The dispute involved the Commissioner of Income Tax (Exemptions) appealing against a High Court judgment that set aside the cancellation of registrati...

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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

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Bombay High Court Allows Petitions Challenging CIDCO's Cancellation of Tender Process for Lease of Plots. Court holds that CIDCO's decision to cancel tender without valid reasons and without issuing show-cause notice to highest bidders is arbitrary and violative of Article 14 of the Constitution.

The petitioners, M/s. Aditya Enterprises and Mahaavir Superstructures Pvt. Ltd., filed writ petitions challenging the decision of the City and Industr...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Prior Sale as Valid Despite Unregistered Deed. Subsequent Purchaser's Deed Declared Void Ab Initio Due to Notice of Earlier Sale Under Transfer of Property Act, 1882.

The dispute pertains to a portion of land admeasuring 1.70 hectares out of Survey No.13/1 of village Shelavli, Palghar. The plaintiffs (Respondent Nos...