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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Appellant of Right to Search Before Gazetted Officer or Magistrate Renders Recovery of Ganja Inadmissible.

The appellant, Sunny Arjun Sonavane, was convicted by the Additional Sessions Judge, Thane, in Sessions Case No.388/2013 for possession of 7.5 kg of g...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Bombay High Court Allows Second Appeal in Property Dispute Over Misreading of Judicial Auction and Inventory Proceedings. Courts below erred in misconstruing documents at Exhibit 40/C and Inventory Order No.82/84, affecting the appellants' title to property.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants, Jose Antonio Pedro Menino Fe...

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Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

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Gujarat High Court Upholds Conviction for Murder and Arms Act Violation in Land Dispute Shooting. Appellant-accused fired two rounds from a revolver at the deceased, causing death, and the court confirmed life imprisonment under Section 302 IPC and Section 25(1)(a) of the Arms Act, 1959.

The case arises from a land dispute that led to a fatal shooting. On 07.06.2012, the complainant and his son Nagjiji were at their agricultural field ...

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Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...