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Supreme Court Upholds Vacation of Injunction in Specific Performance Dispute Over Land Sale Agreement. Disputed Questions of Possession and Payment of Consideration Require Trial, Not Interim Relief.

The Supreme Court dismissed appeals challenging the High Court's interim order vacating a temporary injunction that had restrained landowners from int...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for High-Speed Rail Project Due to Lack of Locus Standi. Petitioners, Not Being Recorded Titleholders, Cannot Challenge Acquisition Under Right to Fair Compensation Act, 2013.

The petitioners, Dilip Babubhai Shah and others, filed a writ petition before the Bombay High Court challenging the land acquisition proceedings initi...

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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Supreme Court Allows Insured's Appeal in Fire Insurance Claim Dispute, Overturning Repudiation Based on Technical Breach. Insurance Company Directed to Pay Assessed Loss with Interest as Surveyor's Report Established Claim Validity Despite Alleged Document Non-Submission Under Policy Condition 6(b).

The appeal arose from a fire insurance claim dispute where the National Consumer Disputes Redressal Commission had affirmed the insurance company's re...

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Supreme Court Allows Refund of Auction Amount to Highest Bidder in Sand Block Case Due to Non-Possession and Arbitrary Denial by State. State's Failure to Give Possession and Refund Deposit Violates Article 14 and Principles of Model Litigant.

The appellant, Popatrao Vyankatrao Patil, was the highest bidder in a public auction conducted by the District Collector, Satara, for sand blocks in t...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Allows Petition in Injunction Dispute Over Land Access. High Court sets aside lower courts' orders rejecting temporary injunction, finding that the Plaintiff had established a prima facie case and balance of convenience for restraining Defendants from interfering with its right of way.

The Petitioner, Mondelez India Foods Private Limited (formerly Cadbury India Company Ltd), filed a writ petition under Article 227 of the Constitution...