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Bombay High Court Allows Petition Challenging Stamp Duty Demand on Collateral Security Bond. Security-cum-Mortgage Bond executed as collateral security for loan is chargeable under Article 40(c) of Schedule I of Bombay Stamp Act, 1958, not as mortgage deed.

The petitioner, M/s. Jaika Automobiles Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Dismisses Appeal in Foreign Exchange Case — Domicile Claim Rejected for Lack of Evidence. Plaintiff failed to prove domicile in Goa and jurisdiction of show cause notices under Foreign Exchange Regulation Act, 1947.

The appellant, Gangadhar Narsingdas Agarwal, filed a suit in the City Civil Court, Bombay, seeking a declaration that he had been domiciled in Goa sin...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Petitions Challenging Transfer of Employees from Municipal Corporation to State Government. Transfer of employees under Section 451 of Mumbai Municipal Corporation Act, 1888 held valid as in public interest and for better administration.

The judgment involves multiple writ petitions filed by employees of the Brihanmumbai Municipal Corporation (BMC) challenging their transfer to the Sta...

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Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved and Time Not Essence. Plaintiff failed to establish execution of agreement for sale and readiness and willingness to perform, leading to dismissal of suit for specific performance.

The appellant, Shaikh Hidayat, filed a suit for specific performance of an agreement for sale of property admeasuring about 11920 sq. mtrs. at Borda, ...

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High Court of Bombay at Goa Dismisses Petition Challenging Amendment of Section 34 Arbitration Petition — Delay in Filing Amendment Not Fatal as Amendment Only Clarified Existing Grounds Without Causing Prejudice.

The petitioner, Inox Leisure Limited, challenged an order dated 07/09/2013 passed by the Principal District Judge, Panaji, which allowed an amendment ...