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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court at Goa Allows Withdrawal of Criminal Complaint Due to Petitioner's Terminal Illness and Non-Prosecution. Petitioner suffering from nasopharyngeal cancer permitted to withdraw complaint and quash FIR under Section 482 CrPC as continuation would be abuse of process.

The petitioner, Ravinder Chohan, a UK resident suffering from nasopharyngeal cancer, filed a criminal complaint in 2015 against respondents 2 to 5 all...

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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High Court of Bombay at Goa Allows Amendment of Plaint in Property Suit — Liberal Approach to Amendment Under Order 6 Rule 17 CPC Upheld. The court set aside the trial court's rejection of amendment application, holding that due diligence must be assessed reasonably and not mechanically.

The petitioners, Antonio Braganza and Aldila Braganza, filed a writ petition challenging the order dated 22.07.2015 passed by the learned Adhoc Senior...

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Bombay High Court Allows Appeal Against Order Returning Plaint for Want of Jurisdiction in Contractual Dispute. Court Holds That Part of Cause of Action Arose Within Jurisdiction Where Tender Was Submitted and Bank Guarantee Was Invoked, Applying Section 20(c) CPC.

The appellant, M/s Ambarwadikar & Co., a registered firm, filed Special Civil Suit No.18/2012 before the Civil Judge, Senior Division, Latur, seeking ...