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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court partly allowed Insurance Company's Appeal in Motor Accident Claim -- Modified Compensation Award Under Section 163-A of Motor Vehicles Act for Death of The deceased

The National Insurance Company Ltd. appealed against a Tribunal award granting compensation of Rs.4,24,505/- with 9% interest to the claimants for the...

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Bombay High Court Dismisses Petitions Challenging Slum Land Acquisition and Letter of Intent. Court Holds Petitioner's Ownership Interest Sufficient for Locus Standi but Upholds State Action Under Maharashtra Slum Areas Act, 1971.

The case involved two writ petitions filed in 1999 and 2000 under Article 226 of the Constitution challenging a land acquisition notification dated 6-...

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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

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Supreme Court Dismisses Council of Architecture's Appeal, Upholds That Section 37 of Architects Act Only Prohibits Use of Title 'Architect'. Government Posts Titled 'Architect' Can Be Held by Unregistered Individuals as the Act Does Not Prohibit Practice of Architecture.

The Supreme Court considered appeals against the Allahabad High Court's judgment that Section 37 of the Architects Act, 1972 only prohibits unregister...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Dismisses Appeals Against Winding Up Order for Non-Payment of Debts Under Companies Act, 1956. Debt Acknowledged in Balance Sheets and Not Disputed, Constituting Admission of Liability Under Section 433(e) and 434 of Companies Act, 1956.

The judgment arises from four appeals filed by M/s. RojeeTasha Stampings Private Ltd., M/s. Automotive Metal Stampings Pvt. Ltd., M/s. Ganage Pressing...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award in LPG Distributorship Dispute. The court held that the District Judge's refusal to set aside the award under Section 34 was not perverse and that the award was not in conflict with public policy.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed by M/s. Bharat Petroleum Corporation Limited challenging the judgm...

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High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...