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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Supreme Court Refers Group of Companies Doctrine to Larger Bench in Arbitration Dispute Over Software Agreement. Questions validity of applying the doctrine to bind non-signatory parent company to arbitration under Sections 8, 11, 35, and 45 of the Arbitration & Conciliation Act, 1996.

The petitioner, Cox & Kings Ltd., filed a petition under Section 11(6) read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, seekin...

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Supreme Court Allows Arbitration in Partnership Dispute Involving Simple Allegations of Fraud. Court appoints arbitrator under Section 11 of Arbitration and Conciliation Act, 1996, distinguishing between serious and simple fraud allegations.

The present case arises out of a partnership dispute between Rashid Raza (appellant) and Sadaf Akhtar (respondent). An FIR dated 17.11.2017 was lodged...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...