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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Bombay High Court Upholds Civil Imprisonment for Breach of Injunction in Property Dispute. Willful Disobedience of Court Order Under Order 39 Rule 2-A CPC Attracts Punishment Despite Pending Appeal.

The case involves a family dispute over land Gut No.84. The appellants (Vijaykumar and Anilkumar Kucheriya) filed Regular Civil Suit No.250 of 2015 fo...

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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Bombay High Court Dismisses Appeal Against Interim Injunction in Succession Act Proceeding — Section 41(b) of Specific Relief Act Not a Bar to Injunction Under Section 383 of Indian Succession Act, 1925

The case involves an appeal against an interim injunction order passed by the Civil Judge (Sr.Dn.), Yavatmal, in M.J.C. No. 40 of 2014. The appellant,...

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Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

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Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...