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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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High Court of Karnataka at Bengaluru Considers Second Appeals on Maintainability of Civil Suits Involving Electricity Tariff Dispute – Core Issue Is Bar on Civil Court Jurisdiction Under Section 145 of the Electricity Act, 2003

The appellants, who were plaintiffs in the original suits, filed four separate suits (O.S. Nos. 613/2013, 612/2013, 610/2013, and 611/2013) before the...

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High Court of Judicature at Bombay Allows Section 11 Arbitration Petition for Appointment of Arbitrator in Dispute Over Agreement for Sale. Arbitration Agreement in Article 13.2 of Agreement for Sale Dated November 16, 2019, Confers Jurisdiction on the Court

The petition was filed by Abhay Damodar Kanhere against Morya Infraconstruct Pvt. Ltd. under Section 11 of the Arbitration and Conciliation Act, 1996,...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

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Bombay High Court Examines Challenge to Government Resolutions Granting Protection to Employees with False Tribe Certificates. Petitioners Argue That Such Resolutions Violate Constitutional Provisions and Statutory Mandate Regarding Withdrawal of Benefits Obtained Through False Certificates.

The petitioner, an advocate and president of the Tribal Rights Protection Committee, filed a writ petition before the Bombay High Court challenging th...

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Bombay High Court Allows Withdrawal of Challenge to Caste Scrutiny Orders in Service Matters. Petitioners Who Gave Up Challenge to Invalidated Scheduled Tribe Certificates Permitted to Continue in Service with Protection Against Recovery of Benefits.

The judgment concerns three writ petitions filed by individuals who had secured employment based on their claim of belonging to a Scheduled Tribe. The...

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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...

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Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...