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Supreme Court Dismisses Appellant's Challenge to Stamp Duty and Penalty Order in Specific Performance Suit. Agreement of Sale with Possession Deemed Conveyance Under Karnataka Stamp Act, 1957, and Court Has No Discretion to Impose Lesser Penalty Than Ten Times Deficit Duty Under Section 34.

The appellant filed a suit for specific performance of an agreement for sale dated 04.11.1996, which was coupled with possession, thereby deemed a con...

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Bombay High Court Dismisses Petitioner's Challenge to Auction Sale by Cooperative Bank for Loan Recovery. Confirmed Auction Sale Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside After Sale Certificate Issuance.

The petitioner, Shiva Sahakari Up Jal Sinchan Sanstha Ltd., a cooperative society, had taken a loan from the Nanded District Central Cooperative Bank ...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Aarif Ali Yusuf Ali Sayyad, was convicted by the Special Judge, Dhule, for offences under Sections 7 and 13(2) of the Prevention of Cor...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Assessment Reopened Beyond Four Years Based on Same Facts Already Considered During Original Assessment Under Section 143(3) — Held That Change of Opinion Does Not Justify Reopening.

The petitioner, Sanand Properties Pvt. Ltd., filed a writ petition under Article 226 of the Constitution challenging a notice dated 11 January 2011 is...

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Bombay High Court Dismisses Petitioner's Challenge to Order Sending Unstamped Agreements for Impounding — Holding That Setting Aside Ex Parte Decree with Permission to File Written Statement Wipes Out Prior Evidence, Requiring Re-Recording.

The dispute arose from a suit for specific performance of contract based on an agreement dated 12-12-2007 and extended agreements dated 20-12-2007 and...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Witness Under Order 18 Rule 17 CPC. Trial Court's Discretion Upheld as No Error or Perversity Found in Refusing Recall After Plaintiff Closed Evidence and Defendant's Evidence Was in Progress.

The petitioner, as plaintiff, filed a suit for recovery of money against the respondent in O.S.No.563/2010 before the Principal Civil Judge (Sr.Dn.) &...