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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements.

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd....

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

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High Court of Karnataka Hears Consolidated Writ Petitions Challenging Forest Development Tax Notification Under Karnataka Forest Act. Petitioners Contended That the Levy on Mineral-Bearing Land Violated Article 246, Entry 54 of Union List, and Forest Conservation Act, 1980.

The High Court of Karnataka, Bengaluru, heard a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India by several minin...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...

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Bombay High Court Hears Suits for Recovery of Hire-Purchase Instalments Following Default by Hirer. Dispute Centered on Alleged Defects in Centrifugal Casting Machines and Procedural Objections Including Jurisdiction and Joinder of Parties.

The National Small Industries Corporation Ltd., a Government of India undertaking, filed two suits for recovery of amounts due under two hire-purchase...