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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

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Supreme Court Allows Segregation of Trial for MLA Accused in Communal Violence Cases — High Court Order Quashed. Trial Court directed to file separate charge sheet and conduct separate trial for appellant under Section 528 BNSS, 2023.

The appellant, Mamman Khan, a sitting MLA from Ferozepur Jhirka constituency in Haryana, was arrayed as an accused in FIR Nos.149 and 150 both dated 0...

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Supreme Court Allows Appeal Against High Court's Review Order in Partition Suit — Held That High Court Erred in Reviewing Its Own Judgment Without Jurisdiction Under Order 47 Rule 1 CPC.

The appellant (plaintiff) filed a suit for partition and separate possession of suit properties, including houses and agricultural lands, against the ...

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High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

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Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alienations and Direction to Frame Scheme for Charitable Trust. High Court Held Will Dated 27.9.1968 Was Mutual and Joint, and Alienations by Surviving Spouse Void.

These appeals arose from Original Suit No. 76 of 1981, filed by Hindu Community in General and Citizens of Gobichettipalayam as plaintiff, seeking adm...