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High Court of Bombay at Nagpur Dismisses Claimant's Appeal for Enhanced Compensation and Partly Allows State's Appeal in Land Acquisition Case — Market Value Determined at Rs. 100 per sq.ft Based on Comparable Sale Instances.

The case involves two appeals arising from a land acquisition matter. The land, measuring 1.21 HR (1,29,345 sq.ft) out of Survey No. 118/3 at Digras, ...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court of Karnataka Dismisses NHAI Appeal in Land Acquisition Arbitration. Arbitral Award of Rs.1,28,800/- per cent Upheld as Not Perverse Under Section 37 of Arbitration and Conciliation Act, 1996.

The National Highways Authority of India (NHAI) filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, challenging the ...

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Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

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Karnataka High Court Allows Input Tax Credit Based on Annual Audited Accounts in KVAT Act Cases. The court held that Section 10(3) of the KVAT Act permits availment of input tax credit based on the annual audited statement in Form VAT 240, irrespective of the claim in returns under Section 35.

The judgment involves multiple writ petitions filed by M/s MFAR Constructions Pvt. Ltd. and M/s Mangalore Force, challenging the interpretation of Sec...

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Bombay High Court Allows Land Acquisition Compensation Enhancement Petition Due to Non-Application of Correct Market Value. Petitioner's Land Acquired in 2008 for Satara Municipal Council, Court Directs Recalculation Based on Comparable Sale Instances Under Section 23 of the Land Acquisition Act, 1894.

The petitioner, Zal Sam Cooper, owned land in Satara that was acquired by the State of Maharashtra for the Satara Municipal Council under the Land Acq...