Bombay High Court

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Bombay High Court Allows Second Appeal in Possession and Mesne Profits Suit — First Appellate Court's Findings Set Aside as Perverse. The Court held that the first appellate court failed to re-appreciate evidence and ignored admissions, warranting interference under Section 100 of the Code of Civil Procedure, 1908....

The plaintiff (appellant) filed a suit for possession and mesne profits against the defendant (respondent) in respect of a property in Kolhapur. The plaintiff claimed that the defendant was a licensee...

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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963....

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal heirs) alleged that defendant no.1 orally agreed ...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings on Ownership and Limitation Upheld. Adverse Possession Plea Fails as Defendant Failed to Prove Hostile Possession for Statutory Period....

The case involves a second appeal filed by the original defendant, Mrs. Anjanabai Rajaram Gore, challenging the concurrent judgments and decrees of the trial court and first appellate court directing ...

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Bombay High Court Dismisses Appeal in Property Ownership Dispute — Upholds Trial Court's Finding That Plaintiff Failed to Prove Title. Declaration of Ownership Denied as Plaintiff Could Not Establish Exclusive Title Over Suit Properties Claimed as Self-Acquired....

The case involves a First Appeal filed by the original plaintiff (since deceased, represented by his heirs) against the judgment of the Bombay City Civil Court dismissing his suit for declaration of o...

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Bombay High Court Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996 — Award Set Aside for Patent Illegality and Violation of Natural Justice. Failure to Consider Crucial Evidence and Breach of Contract Terms Constituted Patent Illegality Under Section 34(2A) of the Act....

The petitioner, National Co-operative Consumer’s Federation of India Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed in...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference....

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the Bombay High Court. The dispute arose out of a contr...

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High Court of Bombay Considers Application for Appointment of Arbitral Tribunal under Section 11 of Arbitration Act in Escrow Dispute; Abandonment of Arbitration Alleged. Dosti Group Contends That Petitioners' Participation in Parallel Suit Without Filing Section 8 Application Constitutes Ex Facie Abandonment Precluding Arbitration....

The matter arose from a Share Purchase Agreement (SPA) dated August 16, 2010, where the Dosti Group agreed to acquire a Target Company from the Kotharis for Rs. 59 crores. An Escrow Agreement dated Au...