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Bombay High Court Partly Allows Revenue's Appeal on Disallowance of Legal and Professional Charges in Income Tax Case. Tribunal's Order Set Aside Regarding Legal Expenses but Upheld on Depreciation and Section 54EC Deduction.

The appeal by the revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal dated 19/1/2010 in ...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

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Bombay High Court Dismisses Second Appeal in Encroachment and Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Defendants' Encroachment on Plaintiffs' Land Upheld Based on Measurement and Revenue Records.

The present second appeal was filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by the learned Dist...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Execution of Partition Decree. Executing Court's Order to Appoint Commissioner to Propose Mode of Execution Upheld as Not Final and Subject to Objections.

The petitioner, Pramod Dattatraya Kand, the judgment debtor, challenged an order dated 07.09.2019 passed by the Executing Court in Final Decree Applic...

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Bombay High Court Dismisses Review Petition in Nariman Point Car Parking Project Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on the face of the record and cannot be used as an appeal.

The petitioners, Nariman Point Association and another, filed a review petition under Article 226 of the Constitution read with Order 47 Rule 1 of the...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Dismisses Petitions Challenging Service Tax on Renting of Immovable Property for Warehousing and Storage. Levy of Service Tax Under Section 65(105)(zzzz) of Finance Act, 1994 on Renting of Immovable Property for Commercial Use is Valid and Constitutional.

The petitioners, including Tulsidas Khimji Warehousing Pvt. Ltd. and others, filed writ petitions challenging the levy of service tax on renting of im...