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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Bombay High Court Allows Writ Petition Against Arbitrator Under Multi-State Co-operative Societies Act, 2002. Single Judge Holds Rule 18 of Bombay High Court Appellate Side Rules, 1960 Not Exhaustive and Maintains Jurisdiction Under Article 226.

The petitioner, M/s. Modern Anitasha Electronics, a proprietorship concern, filed a writ petition under Article 226 of the Constitution of India chall...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Stepfather and Stepdaughter — Benami Transaction Claim Fails. The court held that the registered sale deed in the plaintiff's name establishes title, and the defendant's claim of benami ownership was not proved.

The case involves a property dispute between a stepfather (appellant/defendant) and his stepdaughter (respondent/plaintiff). The defendant married the...

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Supreme Court Upholds High Court Order Quashing State Circulars on Temple Land Records in M.P. Land Revenue Code Dispute. Executive Instructions Found Invalid as They Sought to Override Statutory Bhumiswami Rights of Pujaris Protected Under Sections 57 and 158 of M.P. Land Revenue Code, 1959.

The dispute arose from circulars issued by the State of Madhya Pradesh in 1994 and 2008 directing deletion of Pujari names from revenue records to pre...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...