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Supreme Court Strikes Down Section 13(2) of Chhattisgarh Rent Control Act as Ultra Vires — State Legislature Cannot Confer Direct Appeal to Supreme Court. The provision bypassing High Court jurisdiction is invalid for lack of legislative competence under the Constitution.

The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supre...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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High Court of Judicature at Bombay Directs State Government to Expedite Land Allotment for New High Court Complex in PIL on Court Infrastructure. Need for Adequate Judicial Infrastructure Recognized as Fundamental to Rule of Law; State Obligated to Provide Suitable Premises.

This Public Interest Litigation was filed by an advocate practicing at the Bombay High Court, seeking a writ of mandamus directing the State Governmen...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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KAHC010422252008_1

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