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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Dismisses Revision in Land Acquisition Map Dispute — Civil Court Jurisdiction Upheld. The court held that a suit challenging a land acquisition map is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.

The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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High Court of Karnataka Allows Revision Petition, Restores Suit Dismissed as Withdrawn Without Consent of All Plaintiffs in Representative Suit Under Order I Rule 8 CPC. Suit filed under Order I Rule 8 CPC cannot be withdrawn by some plaintiffs without consent of all and without court permission.

The petitioners, original plaintiffs No.5, 7, and 9, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chal...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...