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Gujarat High Court Dismisses State's Appeal in Contract Damages Case — Failure to Prove Breach and Loss. Trial court's finding that plaintiff failed to establish defendant's breach and quantum of damages under Section 96 CPC upheld.

The State of Gujarat and another (appellants) filed a suit for recovery of damages against the contractor Anil J. Jhatakia (respondent) for alleged br...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for permanent injunction dismissed as plaintiff failed to prove title and possession; substantial questions of law not made out.

The appellant, Smt. Sathyamma, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 3.1...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Bombay High Court Sets Aside Arbitral Award in ONGC Blacklisting Dispute — Arbitrator Exceeded Scope of Reference. Award Directing Withdrawal of Blacklisting Letter and Restoration of Business Credibility Held Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Oil & Natural Gas Corporation Limited (ONGC), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...