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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court Allows Writ Petition for Appointment of Hearing-Impaired Person as Sweeper in Municipal Corporation. Mandamus issued to consider petitioner's case for appointment from handicapped category under Article 226 of Constitution of India.

The petitioner, Suresh Ramchandra Gunde, a 24-year-old hearing-impaired person, filed a writ petition under Article 226 of the Constitution of India b...

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Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Case. Allegations of Caste-Based Insults and Outraging Modesty Found Vague and Contradictory, Not Attracting Bar Under Section 18 of SC/ST Act.

The present appeal was filed by Suryakant Vitthalrao Shelke and Pradip Ramrao Surwase against the order of the Sessions Court rejecting their applicat...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Claim Dispute. Claim for demurrage and detention charges held time-barred under Article 55 of Limitation Act, 1963 as the cause of action arose on completion of discharge, not on subsequent demand.

The Petitioner, National Iranian Tanker Company, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majorit...

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Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Arbitrator Directed. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seek...

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Bombay High Court Allows Petition Challenging Section 9 Jurisdiction in International Commercial Arbitration — Implied Party Finding Set Aside. Part I of Arbitration and Conciliation Act, 1996 applies to pre-BALCO agreements, but non-signatory cannot be treated as implied party without express consent.

The petitioners, GL Asia Mauritius II Cayman Limited and others, filed a writ petition challenging an order dated 21/08/2010 passed by the District Ju...