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Bombay High Court Dismisses Petition Seeking Condonation of Delay Beyond Statutory Limit in Central Excise Appeal. Section 35 of Central Excise Act, 1944 Provides an Outer Limit of 30 Days for Condonation, Which Cannot Be Extended by Section 5 of Limitation Act, 1963.

The petitioner, M/s Raj Chemicals, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction to con...

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Allows Land Acquisition Reference Appeal on Limitation Issue — Remands for Fresh Consideration. Notice under Section 12(2) of Land Acquisition Act, 1894 not served on appellants; knowledge from third party not official information under Section 18(2).

The appellants, Raju and Dnyaneshwar Rawale, were landowners whose land was acquired by the State of Maharashtra for a minor irrigation project. The L...

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Bombay High Court Dismisses Writ Petition in Central Excise Appeal Limitation Case — Commissioner (Appeals) Has No Power to Condon Delay Beyond 60 Days Under Section 35 of Central Excise Act, 1944. Appeal filed beyond 90 days from order date cannot be entertained.

The petitioner, M/s Sheetal Enterprises, a manufacturer of industrial lubricants, availed benefit of Nil rate of duty for export under Rules 13 and 14...

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Bombay High Court Allows Arbitration Appeal, Sets Aside Remand Order: Limitation for Section 34 Application Runs from Service of True Copy of Award, Not from Unsigned Original. Party Serving Certified True Copy Cannot Later Challenge Award's Validity on Ground of Lack of Signatures.

The appellant, Ramdeobaba Charitable Society, challenged an order of the Principal District Judge dated 22 September 2016, which condoned the delay in...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...

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Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...