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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

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Gujarat High Court Enhances Compensation for Paraplegic Claimant in Motor Accident Case — Multiplier Applied as per Sarla Verma, Future Prospects Granted, and Interest Rate Increased to 9%

The appeal was filed by the original claimant, Dhanrajbhai Khumabhai Rabari (since deceased, represented by legal heirs), against the judgment and awa...