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Bombay High Court Dismisses Second Appeals in Property Dispute Over Gadhi and Pit — Construction of Document Exh.76 as Sale Deed Upheld. Both suits for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession.

The case involves two second appeals arising from two regular civil suits concerning a common property, a gadhi (ancestral property) and a pit, locate...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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Supreme Court Modifies Relief in Industrial Dispute from Reinstatement to Compensation. Termination Based on Security Report Did Not Justify Reinstatement; High Court Erred in Upholding Tribunal's Discretionary Order Without Interference.

The case arose out of a reference to the Industrial Tribunal concerning the termination of service of A. K. Roy, a skilled workman employed by Hindust...

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Bombay High Court Dismisses Petitions Challenging SEBI's Ex-Parte Interim Order in Securities Market Manipulation Case. Court upholds SEBI's power to issue ex-parte interim directions under Section 11B of SEBI Act, 1992 to protect market integrity.

The Bombay High Court dismissed two writ petitions filed by Hemant Kulshrestha and Vinay Bansal challenging an ex-parte interim order passed by the Se...

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Bombay High Court Allows Second Appeals in Adverse Possession Case — Possessory Owner Acquires Title When Rightful Owner Fails to Assert Within Limitation Period. Onus Shifts to Plaintiff to Prove Title and Possession Within Twelve Years When Defendant's Long-Standing Possession as Owner is Admitted.

The case involves two second appeals arising from a property dispute between the appellants (defendants) and the respondents (plaintiffs) concerning l...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...