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WRIT PETITION NO. 4987 OF 2022

The petitioners, landowners from village Vhanur, Taluka Kagal, District Kolhapur, filed writ petitions under Article 226 of the Constitution of India ...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Bombay High Court Determines Liability for Removal of Sunken Barge Wreck Under Section 14 of Indian Ports Act, 1908. Supreme Court Had Earlier Remanded the Matter for Deciding Pure Question of Law Regarding Whom Liability Falls Upon for Clearing the Wreckage.

The case involved a writ petition filed by JSW Steel Limited (formerly ISPAT Industries Limited) challenging the suspension of its permission to use M...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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Bombay High Court Dismisses Review Petition in MSMED Act Arbitration Dispute — No Error Apparent on Record. Review Petition under Order 47 Rule 1 CPC fails as petitioner's alternative remedy by way of appeal was availed and withdrawn, and no grounds for review exist.

The petitioner, Microvision Technologies Pvt. Ltd., a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), had co...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Considers Transfer of Criminal Cases Under Sections 482 and 407 of Cr.P.C. Accused Challenged Territorial Jurisdiction of Courts Outside Mumbai Alleging Offences Committed in Mumbai Under Section 181(4) of Cr.P.C.

The matter concerned nine criminal applications filed under Sections 482 and 407 of the Code of Criminal Procedure, 1973 seeking transfer of multiple ...

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Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...