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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute. Court upholds arbitrator's findings on limitation and quantum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 20 February 2009 passed by a s...

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Bombay High Court Holds Agent of Vessel Liable as Owner for Port Charges Under Major Port Trusts Act. Court Interprets Section 2(o) to Include Agent, Following Supreme Court Precedent, and Finds Defendants Liable for Deficit After Consignment Sale.

The Board of Trustees of the Port of Bombay, a statutory corporation, filed a suit for recovery of Rs 3,21,369.45 along with interest, being the defic...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Allows Petition Challenging Conversion Fees Under Goa Land Revenue Code — Application Date Determines Applicable Rate. Conversion fees must be calculated based on rates prevailing on date of application under Section 32 of Goa Daman and Diu Land Revenue Code 1968, not on date of order.

The petitioner, Dr. Alvaro Alberto Mousinho de Noronha Ferreira, along with co-owners, applied on 08.03.2013 under Section 32 of the Goa Daman and Diu...