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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...

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Supreme Court Dismisses Revenue's Appeals in Karnataka VAT Act Cases on Input Tax Credit Claims. Court Interprets Section 70 to Hold Purchasing Dealers Discharged Burden of Proof Through Genuine Invoices and Payments, Entitling Them to ITC Despite Seller Defaults.

The dispute involved appeals by the State of Karnataka (revenue) against High Court judgments that dismissed revision applications and allowed Input T...

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High Court of Karnataka Hears Appeals Against Ejectment Decrees Filed by Tenants — Considers Whether Suits by Auction Purchaser Are Barred by Limitation and Maintainable. Examines Applicability of Limitation Act and Tenancy Principles to Auction Purchaser’s Claim for Possession.

The High Court of Karnataka heard three regular first appeals (RFA Nos. 1926/2013, 1924/2013, and 1925/2013) filed by tenants against decrees of eject...

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Bombay High Court Dismisses Petition Challenging Valuation of Physician's Free Samples Under Central Excise Act. Free samples of medicines are excisable goods and must be valued under Rule 4 of Central Excise Valuation Rules, 2000 based on price of comparable goods sold in the market.

The petitioners, Indian Drugs Manufacturer's Association and M/s. Emil Pharmaceuticals Industries Pvt. Ltd., challenged Circular No. 813 dated 25/4/20...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...

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Bombay High Court Considers Legality of Orders under Urban Land (Ceiling and Regulation) Act, 1976 and Applicability of Repeal Act, 1999. Petition Seeks Quashing of Settlement, Notification, and Possession Orders Based on Erroneous Computation of Excess Land and Abatement of Proceedings.

The writ petition under Article 226 of the Constitution of India challenged the settlement order dated 30 November 2004 under Section 8(4) of the Urba...

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Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

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Bombay High Court Allows Suit for Recovery of Price of Goods Supplied Under Contract with State Government — Interest Awarded at 6% per annum from Date of Suit. Plaintiff proved supply of pesticides and defendant's failure to pay balance price.

The plaintiff, M/s. Devidayal Sales Pvt. Ltd., filed a suit against the State of Maharashtra for recovery of Rs. 2,56,560/- with interest. The plainti...