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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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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 Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

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Bombay High Court Allows Writ Petition Challenging ULC Act Proceedings — Proceedings Deemed Abated Under Repeal Act Due to Non-Completion of Vesting. Landowners' Successors Entitled to Benefit of Section 3 of ULC Repeal Act, 1999 as Physical Possession Not Taken.

The petitioners, Zainulabedin Abdul Razzak Kokni and others, filed a writ petition before the Bombay High Court challenging proceedings under the Urba...

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Bombay High Court Dismisses Appeal in Land Acquisition Dispute for Lack of Jurisdiction. Civil Court lacks jurisdiction to entertain suit challenging acquisition under Land Acquisition Act, 1894, as remedy lies before Reference Court under Section 18.

The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,0...