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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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Bombay High Court Dismisses Arbitration Petitions Challenging Appointment of Sole Arbitrator in Property Dispute. Court holds that appointment of arbitrator by consent of parties is valid and cannot be challenged under Section 11 of the Arbitration and Conciliation Act, 1996.

The judgment pertains to two arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioners in Arbitratio...

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High Court of Judicature at Bombay Quashes Trial Court Decree in Possession Dispute Under Section 6 of Specific Relief Act, 1963. Finding of Possession and Dispossession Held Perverse Due to Contradictory Evidence and Absence of Proof.

The High Court of Judicature at Bombay heard a writ petition under Article 227 of the Constitution of India challenging the judgment and decree dated ...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Dismisses Suit for Money Decree Based on Oral Agreement Allegedly Contradicting Written MOU. Plaintiff's claim for consideration under oral agreement fails as MOU silent on consideration and evidence insufficient to prove oral agreement.

The Plaintiff, Bharat Nathalal Kansara, filed a suit in the Bombay High Court against his brothers, Praful Nathalal Kansara and another, seeking a mon...

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Bombay High Court, Nagpur Bench, Considers Election Petition Alleging Improper Rejection of Nomination Under Section 9A of Representation of the People Act, 1951. Petitioner Claims Retirement from Partnership Firm Removed Disqualification Before Scrutiny Date.

The petitioner, a former partner in M/s. Musale Construction, intended to contest the 2014 Maharashtra Legislative Assembly election from 49-Saoner co...

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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...