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Bombay High Court Allows Writ Petition Seeking Ab Initio Service Tax Exemption for SEZ Unit. Procedural Condition of Authorization Does Not Delay Exemption from Date of Application Under Notification No.12 of 2013.

The petitioner, Sai Wardha Power Company Limited, a power generating unit in the Special Economic Zone (SEZ) at Warora, filed a writ petition seeking ...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...

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Supreme Court Allows Appeal Against Arbitrator Appointment in Tender Dispute Due to Absence of Concluded Contract. No Valid Arbitration Agreement Found as Letter of Intent Was Contingent on Formal Work Order Under Section 7 of Arbitration and Conciliation Act, 1996.

The dispute arose between Maharashtra State Electricity Distribution Company Limited (MSEDCL), a state government electricity distribution utility, an...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

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Supreme Court Addresses Caste Certificate Verification and Affinity Test in Scheduled Tribe Claims Under Maharashtra Act. The Court examines procedural guidelines and the role of affinity tests in determining caste claims, referencing prior judicial directives and legislative frameworks.

The dispute centered on the verification of caste certificates for Scheduled Tribes in Maharashtra, involving procedural guidelines and the role of th...

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Bombay High Court Dismisses Appeal in Property Dispute Over Succession and Title — Upholds Trial Court's Finding That Plaintiff Failed to Prove Ownership. Succession Certificate Not Conclusive Proof of Title; Plaintiff Must Establish Independent Right to Property.

The appellant, Madhukar Venkatesh Ullal, filed a suit in the Bombay High Court seeking declaration of title and possession of a property. He claimed t...