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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

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Supreme Court Dismisses Assessee in Income Tax Appeal Over TDS Disallowance. Disallowance of Rs. 57,11,625 upheld under Section 40(a)(ia) of Income Tax Act, 1961 as assessee failed to deduct tax at source on payments exceeding Rs. 20,000 per goods receipt to truck operators under Section 194C.

The dispute arose from an income tax assessment for the year 2005-2006 involving Shree Choudhary Transport Company, a partnership firm engaged in tran...

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Bombay High Court Dismisses Petition Challenging Property Tax Liability of Licensee Under Municipal Tender. Condition 15 of Tender Notice Makes Licensee Liable for Municipal Assessment Taxes, Including Property Tax, Despite Ownership Vesting in Corporation.

The petitioner, Raj Dadarkar & Associates, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India challen...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Reviews Discretionary Order Allowing Plaintiff No.2 as Agent of Court Receiver in Partnership Dissolution Suit. Appeal Challenges Appointment of Agent of Court Receiver and Rejection of Legal Heirs' Application Under Interlocutory Jurisdiction.

The present judgment, as extracted, deals with two appeals from an order of the City Civil Court. The High Court of Judicature at Bombay was called up...

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High Court Upholds Acquittal in Negotiable Instruments Act Case Due to Failure to Prove Legal Enforceability of Debt. The Court Found That Presumption Under Section 139 Did Not Extend to Legal Liability as Complainant Could Not Prove Partnership Profits Through Profit and Loss Account or Balance Sheet.

This was a criminal appeal filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 against the judgment of acquittal passed...

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High Court of Judicature at Bombay Adjudicates Letter of Credit Dispute in Common Judgment for Two Suits Arising from Alleged Discrepant Documents. Bank's Liability for Wrongful Debit Examined Under UCP 290 with Emphasis on Strict Compliance and Discrepancy in Shipping Documents.

Two suits were filed arising from a documentary import Letter of Credit facility granted by State Bank of India to Dadlani Silk Stores. Suit No. 1012 ...