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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...