Search Results for "voidable agreement"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "voidable agreement"

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High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Trial Court's Refusal of Temporary Injunction for Lack of Prima Facie Case and Balance of Convenience. The court held that the appellants failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the respondent and no joint ownership was proved.

30 Nov -0001

The appellants, Smt. Vishankumari Udaysingh Varma and Smt. Manju Udaysingh Varma, filed First Appeal No.627 of 2016 in the Bombay High Court against t...

Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Dispute — Holds Arbitration Clause Survives Termination of Main Contract Under Section 45 of Arbitration and Conciliation Act, 1996. Doctrine of Separability of Arbitration Agreement from Underlying Contract Applied to Refer Parties to ICC Arbitration Despite Alleged Rescission of Share Purchase Agreement by Subsequent MOU.

16 Aug 2013

The appeal arises from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by the Appellant, Mulheim Pipecoating...

Tribunals

NCLAT Upholds Preferential Transaction Findings in Insolvency Case — Two Transactions Totaling Rs. 1.60 Crore Held as Preferential Under Section 43 of IBC, 2016. The Tribunal Confirms That Payments Made to Related Parties During the Look-Back Period Are Voidable and Must Be Reversed.

30 Nov -0001

The case involves an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, filed by H.P. Arun Kumar, C.M. Nagaraj, and Usha (Appellants...

Supreme Court

Supreme Court Allows Mother to Sell Minor Son's Property for Development Under Section 8 of Hindu Minority and Guardianship Act, 1956 — Benefit to Minor Must Be Demonstrated. The court held that redevelopment providing a flat and monetary consideration constitutes benefit to the minor under Section 8 of the Hindu Minority and Guardianship Act, 1956.

1 Jan 2026

The appellant, Shephali Chakraborty, as the natural guardian of her minor son Master Basab Chakraborty, sought permission from the District Judge, Dar...

High Court

Bombay High Court Allows Second Appeal in Property Sale Dispute Due to Lack of Consent from Co-Owner Under Portuguese Civil Code. Sale Deed executed by one co-owner without consent of other held voidable under Article 1119 of Family Laws.

15 Mar 2018

The case involves a second appeal filed by Smt. Verodiana John Pinto and Mr. John Pinto (appellants) against the judgment and decree of the first appe...

High Court

High Court Dismisses Second Appeal in Forest Land Injunction Suit Due to Illegal Transfer and Lack of Substantial Question of Law. Transfer of Settlement Land Without Prior Sanction Under Indian Forest Act, 1927, is Void, and Possession Under Such Agreement Does Not Confer Title or Invoke Part Performance Protection Under Section 53A of Transfer of Property Act, 1882.

23 Jan 2026

The dispute arose from a second appeal filed by the plaintiff-appellant against concurrent judgments of the lower courts dismissing a suit for permane...

High Court

High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

11 Dec 2019

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Reference Dispute — Partnership Deed Arbitration Clause Mandates Reference Despite Allegations of Fraud. Section 8 of the Arbitration and Conciliation Act, 1996 requires referral to arbitration when arbitration agreement exists and dispute falls within its scope, even if fraud is alleged, unless fraud is so pervasive that it vitiates the arbitration agreement itself.

13 Feb 2025

The appellant (original defendant) and respondent (original plaintiff) entered into a Partnership Deed on 24 June 2020 for the business of sale of mot...

High Court

High Court of Bombay examined the legality of referring a cable business dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The court considered whether the trial court correctly referred the dispute despite allegations of fraud and the contention that the arbitration clause did not cover the parties.

26 Jul 2013

The dispute arose between cable operators in Nagpur who had formed a consortium called 'City Cable Vision' (CCV) and entered into a Memorandum of Unde...

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