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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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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

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High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Upheld. No substantial question of law found under Section 100 CPC, as courts below correctly decreed possession and mesne profits under Order XX Rule 12 CPC.

The case arises from a suit for possession and mesne profits filed by the original plaintiff (now represented by respondents) against the original def...

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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...