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Bombay High Court Allows Bank's Writ Petition Against Trial Court's Order Framing Issues in Execution Proceedings - Sale Certificate Valid Despite Delay in Possession. The Court held that objections to execution were barred by res judicata and the Executing Court could not re-open settled issues.

The Ratnakar Bank Limited (Petitioner) filed a writ petition challenging an order dated 19/08/2014 passed by the learned Civil Judge, Junior Division,...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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High Court of Judicature at Bombay Quashes Demand Notice Issued to Former Director for Recovery of Company's Customs Dues. Director Not Personally Liable for Tax Arrears Under Section 142 of Customs Act, 1962, Absent Statutory Provision.

The case involved a writ petition filed by Purshottam Das Gupta, an 86-year-old former director of Sujata Verbatim Limited (later known as PDG Infotec...

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Bombay High Court Allows Writ Petition in Income Tax Dispute — Direct Tax Vivad Se Viswas Act, 2020 Applicability. Court holds that a Miscellaneous Application under Section 254(2) of the Income Tax Act, 1961 filed against an appeal dismissed in limine is covered under the DTVSV Act, 2020.

The petitioner, Oerlikon Balzers Coating India Private Limited, filed a Writ Petition under Article 226 of the Constitution challenging the rejection ...

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Bombay High Court Allows Employer's Petition to Quash Industrial Court Order in Closure Dispute. Single Workman Cannot Re-agitate Closure After Majority Settlement and Unconditional Withdrawal of Union Complaint.

The petitioner, a partnership firm, challenged an order of the Industrial Court, Mumbai dated 18/03/1998, which permitted respondent no.1 (a workman) ...

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Supreme Court Allows Appeals by State and Employee in Service Rule Relaxation Dispute. High Court's Quashing of Government Order Granting Promotion Set Aside as Relaxation Was Validly Granted.

The Supreme Court heard two sets of appeals arising from a judgment of the Madras High Court in Writ Appeal No. 996 of 2015 and an order dismissing Re...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction for Section 9 Application. Court Holds That Cause of Action Arises Partly in Goa Where Agreements Were to Be Performed, Conferring Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions (a partnership firm) and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act...

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Bombay High Court Dismisses Husband's Divorce Appeal in Goan Marriage Dispute — Abandonment of Conjugal Domicile Not Proven. Wife's Refusal to Live with Husband's Family Does Not Amount to Desertion Under Section 10 of the Portuguese Civil Code, 1867.

The appellant-husband and respondent-wife, both Goan, married on 22.2.1977 and had two children born in Goa. The husband, a seaman, filed a suit on 10...