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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves two second appeals arising from a property dispute between the legal heirs of Madhavrao Ramchandra More (appellants in SA/66/2003 an...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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High Court of Bombay at Aurangabad Dismisses Appeal Against Setting Aside of Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitrator's Award of Interest on Escalation Amount Upheld as Not Contrary to Contract Terms.

The case involves an appeal by Godawari Marathwada Irrigation Development Corporation against a judgment of the Civil Judge, Senior Division, Parbhani...

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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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High Court of Judicature at Bombay Hears Challenge to Induction of Non-Legislator Ministers with Less Than Six Months Remaining in Assembly Term. Conformity of Such Induction with Article 164(4) of the Constitution of India Questioned.

The High Court of Judicature at Bombay heard two writ petitions under Article 226 of the Constitution of India filed by Vijay Namdeorao Wadettiwar (a ...

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Bombay High Court Dismisses Appeal Against Arbitral Award Rejecting Counterclaim in Share Brokerage Dispute. Court upholds arbitral tribunal's finding that appellant failed to prove respondent's negligence in squaring off F&O contracts without notice.

The appellant, Avalon Investment Private Limited, was a client of the respondent, Mukesh Brokerage & Financial Limited, a share broker registered with...

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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...