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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favor of Plaintiff. Agreement to Sell and Part Payment Established, Injunction to Prevent Alienation Upheld Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order dated 12.02.2025 passed by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A. Nos...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Title Suit. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Suit Where No Land Grabbing Allegation is Made by Government.

The petitioner, Joseph Saldhana, filed a writ petition challenging the order dated 30.10.2018 passed by the 1st Additional Civil Judge, Mangaluru, in ...

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High Court of Karnataka Dismisses Wakf Property Injunction Petition for Lack of Jurisdiction — Petitioner Failed to Establish Wakf Character of Property. Suit for Perpetual Injunction Against Private Individual Not Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995.

The petitioner, Bengali Peer Dargah Karadga, represented by its Mutawalli Malangsha Guru Gulzarsha Fakeer, filed a writ petition under Articles 226 an...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882.

The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original d...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...