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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Dismisses Appeal Against Dismissal of Contempt Motion for Alleged Breach of Ad-Interim Order. Court Held That Respondent Had No Knowledge of the Ad-Interim Order and Therefore No Contempt Was Committed.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed an appeal against the order of the learned single Judge dismissing its notice of motion under Order...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

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Bombay High Court Allows Second Appeal in Property Dispute Over Unregistered Relinquishment Deed. Court Holds That a Deed of Relinquishment Without Consideration Requires Registration Under Section 17 of the Registration Act, 1908, and Remits Matter for Fresh Consideration.

The case involves a second appeal arising from a property dispute between the appellants (Bhaurao, Rekhlal, Dilip, Sakunbai, and Satyasheela) and the ...

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Bombay High Court Allows Exhibition of Insufficiently Stamped Agreement to Sale Subject to Payment of Stamp Duty and Penalty — Section 34 of Bombay Stamp Act, 1958 Does Not Bar Exhibition for Collateral Purpose

The petitioner, original plaintiff, filed Special Civil Suit No.904 of 2005 for specific performance of an agreement to sale dated 31-1-2005 in respec...

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Bombay High Court Dismisses Petition of Public Trust Challenging Heritability of Tenancy. Tenancy of Public Trust Held Heritable Under Bombay Tenancy and Agricultural Lands Act, 1948, Affirming Maharashtra Revenue Tribunal's Order.

The petitioner, Shri Maroti Sansthan, a public trust, challenged the order of the Maharashtra Revenue Tribunal dated 31.03.1992, which held that the t...

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Bombay High Court Allows Appeal by State Financial Corporation Against Injunction Restraining Possession Under Section 29 of SFC Act. Statutory Right to Take Possession Cannot Be Injuncted Without Proof of Arbitrariness.

The appeal arises from a judgment and order dated 21st January 2002 passed by the learned Joint Civil Judge (S.D.), Nasik, allowing the application fo...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...