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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, leading to dismissal of the suit.

The appellants (defendants) challenged the judgment and decree dated 30.01.2015 passed by the Senior Civil Judge, Nelamangala, in O.S. No. 82/2010, wh...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Bombay High Court Allows Appeal in Foreign Award Execution Case Due to Property Location. Territorial jurisdiction for execution of foreign award under Section 48 of Arbitration and Conciliation Act, 1996 is determined by location of property to be attached, not by place of cause of action.

The appellant, Wireless Developers Inc., a US company, obtained a foreign arbitral award against the respondent, Indiagames Ltd., an Indian company, f...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Upholds Landlords' Eviction Decree in Rent Control Case — Review Maintainable for Error of Law Apparent on Record. Section 106 of Transfer of Property Act, 1882 not applicable to proceedings under Maharashtra Rent Control Act, 1999.

The dispute in this writ petition arises from an eviction suit filed by the landlords (respondents) against the tenant (petitioner) under Section 16(1...