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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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Bombay High Court Dismisses Petitions Challenging Development Plan Reservation and TDR Compensation in Kolhapur. Court upholds reservation of land for playground and finds that TDR is valid compensation under MRTP Act, 1966.

The judgment concerns three writ petitions filed by M/s. Bhima Mahabharat Builders and Developers, Zakir Nasirruddin Peerzade, and Anand rao Mahadeo M...

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Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...

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High Court of Bombay, Nagpur Bench, Delivers Judgment on Appeals Concerning Locus Standi of Third-Party Residents in Excise Licence Cases. Court Examines Maintainability of Writ Petition When Alternate Remedy Exists Under Bombay Prohibition (Closure of Licence) Order, 2003.

The appeals arose from a common judgment of a Single Judge of the High Court in a writ petition filed by three local residents challenging the State G...

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High Court of Karnataka Allows Appeal in Income Tax Case — Capital Gain Not Included in Book Profit Under Section 115JB. Income from capital gain on sale of land held as investment cannot be included in book profit for MAT purposes under Section 115JB of the Income Tax Act, 1961.

The appeal was filed by Sri Hariram Hotels (P) Ltd. against the order of the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, relating to the as...

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High Court of Bombay Passes Interim Orders Directing Restoration of Lake and Prevention of Mangrove Destruction in Navi Mumbai. Modification of Development Plan to Permit Golf Course Raised Public Interest Concerns.

The public interest litigations were filed to address the systematic destruction of mangroves and wetlands in Navi Mumbai. The petitioners in PIL 218/...

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Bombay High Court Dismisses HPCL's Challenge to Residential Complex Near Refinery; Upholds Permissions and Finds No Merit in Challenge to D.C. Regulations

This writ petition under Article 226 of the Constitution was filed by Hindustan Petroleum Corporation Ltd., a Government of India enterprise operating...

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Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...