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Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Disputes Between Landowners and Housing Society Referred to Arbitration. Court Holds That Existence of Arbitration Clause in Development Agreement Mandates Reference Despite Pending Suit.

The petitioners, who are the trustees of Framjee Dinshaw Petit Parsee Sanitorium and owners of land on which a building for respondent No.1, a co-oper...

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Bombay High Court Allows Appeal in Hotel Business Dispute — Conducting Agreement Expired, No Tenancy Rights Created. Agreement for Conducting Hotel Business Held Not to Confer Tenancy Rights Under Transfer of Property Act, 1882.

The appellants (original plaintiffs) filed a suit in 1987 seeking declaration that an agreement dated 16th August 1984 for conducting a hotel business...

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Bombay High Court Dismisses Petitions Challenging Refusal of Permission for Sale of Trust Property Under Section 36 of Bombay Public Trusts Act, 1950. The Court Held That the Charity Commissioner's Refusal Was Justified as the Trust Failed to Show Urgent Necessity or Benefit to the Trust.

The judgment concerns two writ petitions challenging a common order dated 19.4.2005 passed by the Charity Commissioner, Pune, refusing permission unde...

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Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...

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Supreme Court Remands Compensation Claim in Khoti Abolition Matter for Determination of Proprietary Rights. Holder of Khoti Tenure Must Establish Grant or Sanad to Overcome Presumption of Government Ownership Over Forest and Waste Lands Under Bombay Khoti Abolition Act, 1949.

The dispute centered on the entitlement of the appellants, Shyamsunder Tikam Shet and another, to compensation under section 12 of the Bombay Khoti Ab...

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KAHC010306442014_1

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High Court of Karnataka Considers Writ Petitions Seeking Declaration of Lapse of Land Acquisition Proceedings Under Right to Fair Compensation Act, 2013. Petitioners Challenge Notifications and Awards Under Bangalore Development Authority Act Asserting Lapse Under Section 24 of 2013 Act.

The High Court of Karnataka at Bengaluru heard a batch of writ petitions filed between 2013 and 2015 by multiple landowners against the State of Karna...