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KAHC010822332025_1

The Division Bench of the High Court of Karnataka heard two intra-court writ appeals filed by M/s MP24 Construction Company, the lead member of a cons...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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WRIT PETITION NO. 4987 OF 2022

The petitioners, landowners from village Vhanur, Taluka Kagal, District Kolhapur, filed writ petitions under Article 226 of the Constitution of India ...

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Supreme Court Holds Deposit Under Debtor-Creditor Law Not Valid Rent Tender, Allowing Landlord's Eviction Petition. Deposit Under East Punjab Relief of Indebtedness Act, 1934 Section 31 Does Not Constitute Tender Under East Punjab Urban Rent Restriction Act, 1949 Section 13(2)(i).

The appellant landlord, Shri Vidya Prachar Trust, filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, aga...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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High Court Dismisses Arbitration Petition Challenging Award Under Arbitration and Conciliation Act, 1996 -- MOU Found Not Amenable to Specific Performance Due to Third-Party Litigation

The High Court dismissed an Arbitration Petition challenging an Arbitral Award that rejected claims for specific performance of a Memorandum of Unders...