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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration in Bride Burning Case. Dying declaration found credible and reliable despite minor inconsistencies, leading to confirmation of life imprisonment under Section 302 read with Section 34 IPC.

The case pertains to the death of Suvarna Warankar, who died on 12/09/2012 due to burn injuries. Her dying declaration, recorded by the Executive Magi...

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Bombay High Court Allows Writ Petition for MEIS Benefits on Cashew Kernel Exports. Exporters entitled to MEIS reward at 5% rate for exports made after 01.11.2017, even if shipping bills were filed before that date.

The petitioner, Ajanta Industries, a proprietorship concern engaged in manufacturing and exporting cashew kernels, sought to avail the benefit of the ...

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Supreme Court Upholds Rejection of Tender for Non-Compliant Bank Guarantee in Public Works Contract. Material Deviation in Performance Security Period Cannot Be Condoned After Bid Submission.

The case arose from a tender called by the Vidarbha Irrigation Development Corporation for balance earthwork in a canal. Three bidders responded: Resp...

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Bombay High Court Upholds Constitutional Validity of Section 234E of Income Tax Act, 1961 — Levy of Fee for Late Filing of TDS Returns is Valid. The Court held that the fee under Section 234E is compensatory in nature and not a penalty, and does not violate Article 14 of the Constitution.

The petitioners, a practising Chartered Accountant and others, filed a writ petition under Article 226 of the Constitution of India challenging the co...