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Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Decrees Upheld. Readiness and Willingness Proved by Payment of Full Consideration and Possession; Stamp Duty Deficiency Curable on Payment.

The respondent (original plaintiff) filed a suit for specific performance of an agreement for sale of immovable property. The suit property was origin...

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High Court of Karnataka Dismisses Second Appeal in Recovery Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding loan transaction and promissory note upheld under Section 100 CPC.

The present appeal arises from a suit for recovery of money filed by the respondent (plaintiff) against the appellant (defendant) in O.S.No.11/2003 be...

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Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

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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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Supreme Court Denies Permanent Alimony to Spouse of Void Marriage Under Hindu Marriage Act. Sections 24 and 25 of the Hindu Marriage Act, 1955 Do Not Apply to Marriages Declared Void Ab Initio Under Section 11.

The Supreme Court of India considered a reference regarding conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 19...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...