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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Trustees’ Authority in Managing Encroached Land for Slum Rehabilitation: Bombay High Court Clarifies. Bombay High Court allows PLAINTIFFS to collaborate with developers to undertake slum rehabilitation on its encroached lands, empowering trustees under the Public Trust Act.

1. Introduction:The plaintiffs, A. H. Wadia Trust, a public charitable trust, along with its trustees (Plaintiffs No. 2 to 5), approached the court vi...

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Bombay High Court Allows Appeal in Income Tax Case — Reassessment Notice Invalid Beyond Four Years Without Allegation of Non-Disclosure. Arbitration Award Receipt Held as Capital Receipt, Not Income Under Section 147 of the Income Tax Act, 1961.

The appellant, Ramona Pinto, an individual, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 2nd April 2018 pass...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

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Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...