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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Appeal Dismissed for Specific Performance of Contract in Ancestral Property Dispute. Ancestral property rights not established, First Appellate Court's decision upheld.

Brief Facts: Subject Matter:The case revolved around a shop measuring 11.15 square meters located in Field Survey No. 65, village Satkagbad. An a...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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Bombay High Court Upholds Eviction of Multinational Company in Rent Control Case. Section 3(1)(b) of Maharashtra Rent Control Act, 1999 exempts premises let to multinational companies from protection of the Act, and concurrent findings of fact are not interfered with under Section 115 CPC.

The applicant, Eloff Hansson (India) Pvt. Ltd., was a tenant in office premises in Mumbai. The respondents, landlords, terminated the tenancy in 1993 ...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Subletting Without Landlord's Consent. Subletting of Suit Premises to Third Party Without Consent of Landlord Justifies Eviction Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Hari Pandurang Patil, was a tenant in a house property bearing CTS No.2121/43 situated at Navi Peth, Jalgaon, which was the ancestral ...

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Bombay High Court Dismisses Writ Petition Challenging Small Causes Court Jurisdiction in Rent Dispute. Dispute between a person claiming to be a joint tenant and a trespasser is a suit under the Bombay Rents, Hotel Lodging House Rates Control Act, 1947, triable by the Small Causes Court.

The petitioner, Mrs. Mani Seervai, challenged an order dated 28th February 1986 passed by the Court of Small Causes in R.A.E. Suit No. 1058/3267 of 19...

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Bombay High Court Dismisses Appeal of Obstructionist in Execution Proceedings — Sub-Tenancy Claim Not Proven. Order 21 Rule 97 CPC Objection Fails as Appellant Failed to Establish Sub-Tenancy and Decree Was Within Limitation.

The appellant, Surjeetsingh Jaswantsingh Hora, filed an application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 before the IV Extra Jo...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Case — Appellant Failed to Prove Hostile Possession for Statutory Period. The Court held that mere long possession without animus possidendi does not constitute adverse possession under Section 65 of the Indian Limitation Act, 1963.

The case involves a second appeal before the Bombay High Court arising from a suit for possession filed by the respondent (original plaintiff) against...