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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

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Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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Supreme Court Allows Appeal in Disciplinary Proceeding for Violation of Natural Justice — No Witness Examined Despite Denial of Charges. Recording of Oral Evidence Mandatory Under Rule 7(vii) of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 When Major Penalty Is Imposed.

The appellant, Satyendra Singh, was serving as Assistant Commissioner, Commercial Tax, Ghaziabad, when disciplinary proceedings were initiated against...