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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

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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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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that the plaintiff failed to prove title and possession.

The present second appeal was filed by the original plaintiff (since deceased, represented by legal representatives) against the judgment and decree d...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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High Court of Karnataka Hears Two Regular Second Appeals Challenging Dismissal of Suits for Specific Performance and Permanent Injunction. Court Delivers Judgment on Substantial Questions of Law Concerning Execution of Agreement of Sale, Possession, and Limitation.

These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of...