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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Dismissal for Default. Plaintiff's readiness and willingness to perform contract established; defendant's failure to execute sale deed despite receipt of earnest money constitutes breach.

The appeal arises from a suit for specific performance of a contract for sale of a shop. The appellant/plaintiff, Dilip Waghmare, entered into an agre...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Supreme Court Sets Aside High Court's Suspension of Life Sentence in Murder Case — Bail Granted Without Proper Application of Mind. High Court Failed to Consider Seriousness of Offence and Prima Facie Guilt Under Section 302 IPC.

The appellant, Omprakash Sahni, brother of the deceased Manish Kumar, filed appeals against a common order of the Patna High Court suspending the life...