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High Court of Bombay at Goa Dismisses State's Appeal in Land Acquisition Compensation Case — Capitalization Method Based on Net Yield Upheld. The court found that the Reference Court correctly used net yield, not gross yield, in computing compensation under the Land Acquisition Act, 1894.

The State of Goa and the Executive Engineer filed an appeal against the judgment of the Reference Court in a land acquisition matter, challenging the ...

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Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Bombay High Court Declares Plaintiff Owner of Copyright in Drawings Developed Under Contract for Valuable Consideration. Payment of Rs.2,87,500/- for Development of Drug Powder Inhaler Transfers Copyright Ownership Under Section 17 of Copyright Act, 1957.

The plaintiff, Macleods Pharmaceuticals Limited, a pharmaceutical company, sought to develop a Drug Powder Inhaler (DPI) device for asthma medications...

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Bombay High Court Allows Appeal in Flat Possession Case — Builders Failed to Prove Ownership of Land. Agreement to Sell and Power of Attorney Not Sufficient to Transfer Title Under Transfer of Property Act, 1882.

The appellants, plaintiffs in the trial court, filed a suit for recovery of possession of 12 flats or in the alternative for recovery of possession of...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Allows Suit for Recovery of Price of Goods Supplied Under Contract with State Government — Interest Awarded at 6% per annum from Date of Suit. Plaintiff proved supply of pesticides and defendant's failure to pay balance price.

The plaintiff, M/s. Devidayal Sales Pvt. Ltd., filed a suit against the State of Maharashtra for recovery of Rs. 2,56,560/- with interest. The plainti...

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Bombay High Court Dismisses Revenue's Appeal in Transfer Pricing Case — Advertisement Expenses Not Subject to Disallowance. Assessee's expenditure on promoting foreign channels held to be for its own business benefit, not requiring compensation from foreign principals.

The appeal was filed by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) dated 29th July 2011, which confi...