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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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Bombay High Court Allows Appointment of Arbitrator Under Section 11 of Arbitration Act for Disputes Arising from Agreements Containing Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Disputes Between Parties.

The petitioner, Hyund Construction Equipment India Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking...

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Karnataka High Court Dismisses Landlord's Revision Petitions in Rent Control Case — Bona Fide Requirement for Demolition Not Established. Concurrent findings of fact by courts below upheld as not perverse under Section 115 CPC.

The petitioner, Smt. M. Sharada, filed two revision petitions under Section 115 of the Code of Civil Procedure, 1908, challenging a common order dated...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement for Sale of Immovable Property — No Concluded Contract Found. Agreement for Sale Not Established as Essential Terms Were Not Finalized and No Written Contract Executed Under Section 54 of Transfer of Property Act, 1882.

The appellants, Rizvi Builders, filed a suit for specific performance of an alleged agreement for sale of a property in Panaji, Goa, owned by responde...

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Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence.

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of pro...

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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...