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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Heard Writ Petition Challenging Interim Stay of Consent Decree in Fraud Allegations. The Court Examined Whether Third Parties Can Apply for Recall of Consent Decree Under Order XXIII Rule 3 and Section 151 of Code of Civil Procedure, 1908.

The writ petition arose from a challenge to an interim order of a Civil Judge staying a consent decree and restoring a disposed suit at the instance o...

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Gujarat High Court Dismisses Second Appeal in Land Dispute Over School Construction — No Substantial Question of Law Arises. Concurrent findings of fact by lower courts regarding possession and title of agricultural land cannot be interfered with under Section 100 CPC.

The present Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) challenging the ju...

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Bombay High Court Allows Appeal by Prosecutrix in POCSO Case, Sets Aside Acquittal of Accused for Kidnapping and Rape of Minor. Court holds that consent of a minor is irrelevant and the victim's testimony is credible despite minor inconsistencies.

The case arises from an appeal filed by the prosecutrix (victim) under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment a...

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High Court of Bombay at Goa Admits Appeal and Reserves Judgment in Family Settlement Dispute. The Court Heard Arguments on Validity of Deed of Family Settlement Under Article 2042 of Family Laws, Estoppel, and Delay, but Final Verdict Not Extracted.

The case involved an appeal from order filed by the original defendants no.2 and 3 challenging the order dated 3.6.2016 passed by the Ad-hoc Senior Ci...

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Bombay High Court Allows Wife's Appeal for Divorce on Grounds of Cruelty and Desertion Under Section 10 of the Indian Divorce Act, 1869. The court found that the husband's desertion and cruelty were proved, reversing the trial court's dismissal.

The appellant, Mrs. Conceicao Fernandes, filed a suit for divorce and dissolution of marriage against her husband, Milagres Fernandes, under the India...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...