Search Results for "Enforceability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Enforceability"

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High Court

Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

28 Jul 2023

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Charter Party Dispute Over Detention Charges. Arbitration agreement held valid and arbitrable despite respondent's objections regarding limitation and non-signing of charter party.

28 Jul 2023

The applicant, Alliance Import and Export, a partnership firm, filed two arbitration applications under Section 11 of the Arbitration and Conciliation...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 144, 148, 302 r/w 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

28 Jul 2023

The case pertains to the murder of Sudhakar on 19.08.2011. The informant Devidas (PW1) had a dispute with accused nos. 1, 4, and 5 over a field taken ...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Order Terminating Proceedings Under Section 32(2)(c) of Arbitration and Conciliation Act, 1996. Arbitrator's Decision to Terminate Proceedings as Unnecessary and Impossible Upheld as Within Jurisdiction.

3 Jul 2023

The Arbitration Petition was filed by Sheil Properties Private Limited (Petitioner) under Section 14 of the Arbitration and Conciliation Act, 1996, ch...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Development Rights — Interim Injunction Set Aside for Lack of Prima Facie Case. Court holds that a co-operative housing society cannot be restrained from developing its property based on an agreement that was superseded by subsequent consent terms and where the plaintiff failed to demonstrate a clear right to specific performance.

5 Jun 2023

The dispute pertains to a property bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, situated at Nehru Nagar Housing Board Colony, Kurla (E...

High Court

Bombay High Court Dismisses Arbitration Appointment Application for Lack of Jurisdiction — Venue Designation in Lease Agreement Does Not Confer Seat of Arbitration. Court holds that mere mention of 'venue' in arbitration clause without specifying 'seat' does not vest jurisdiction in courts at the venue, especially when subject matter lies outside its territorial limits.

21 Mar 2023

The applicant, Honey Bee Multitrading Pvt. Ltd., a company engaged in mustard oil manufacturing with its plant in Ganganagar, Rajasthan, entered into ...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award Holding Put and Call Options in Share Purchase Agreement as Enforceable. The court held that clauses 8.5 and 8.5.1 of the Share Purchase Agreement are not forward contracts or derivatives under SCRA and SEBI circulars, and the Single Judge erred in setting aside the award.

2 Feb 2023

The appellants, Percept Finserve Private Limited and Percept Limited, entered into a Share Purchase Agreement with Edelweiss Financial Services Limite...

High Court

Bombay High Court Dismisses Revision Applications Challenging Rejection of Plaint Return in Suit for Specific Performance. Court holds that valuation of suit for purposes of jurisdiction is determined by the market value of the property, not the consideration amount, and that the trial court's finding on valuation is a finding of fact not liable to interference in revision.

23 Jan 2023

The judgment arises from two Civil Revision Applications challenging a common order dated 22.04.2022 passed by the learned Joint Civil Judge, Senior D...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in International Commercial Arbitration for Violation of Natural Justice and Patent Illegality. The court found that the arbitrator relied on unproved documents and denied adequate opportunity to the petitioner, warranting setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jan 2023

The petitioner, Thomas Cook (India) Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral a...

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