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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

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Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Injunction in Parking Space Dispute. Court upholds concurrent findings that petitioner failed to establish exclusive right over stilt parking space as it was not part of the sale deed.

The petitioner, Udai Raj Singh Chauhan, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court at Goa, chal...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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Bombay High Court Quashes Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...