Search Results for "Reappreciation of Evidence"

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High Court

Bombay High Court Allows Revision in Tenancy Dispute, Restores Orders of Agricultural Land Tribunal and SDO. Landlord-Tenant Relationship Established Under Bombay Tenancy and Agricultural Lands Act, 1948 — MRT Exceeded Jurisdiction by Reappreciating Evidence.

3 Nov 2025

The petitioners, legal representatives of the original landholder Damodar, challenged a judgment of the Maharashtra Revenue Tribunal (MRT) dated 16 Ma...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation.

3 Nov 2025

The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral ...

High Court

High Court of Karnataka Dismisses Appeal Under Section 37(b) of Arbitration and Conciliation Act, 1996, Upholding Arbitral Award in Gold Ore Transportation Contract Dispute. Court Holds That Arbitrator's Findings on Measurement of Loads and Deductions Are Not Patent Illegality and Cannot Be Reappreciated in Appeal.

7 Dec 2020

The appellant, The Hatti Gold Mines Company Limited, a Karnataka State Government undertaking, was engaged in gold mining. It decided to increase prod...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court's Order That Had Set Aside Arbitral Award on Grounds Beyond Section 34 Scope. The Court Held That Reappreciation of Evidence Is Not Permissible Under Section 34 of the Arbitration and Conciliation Act, 1996, and the District Court Exceeded Its Jurisdiction.

21 Nov 2019

The appellant, M/s. Scigen Biopharma Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

8 Nov 2019

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Client Against Trading Member for Unauthorized Trades. Award of Rs.6,59,634.54 with interest upheld as not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

19 Nov 2012

The petitioner, Angel Broking Private Limited, a trading member, challenged an arbitral award dated 29 August 2009 passed by a sole arbitrator appoint...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — No Interference Under Section 34 of Arbitration Act as Award is Not Perverse or Contrary to Public Policy. Court upholds arbitral tribunal's concurrent findings rejecting both claim and counterclaim for lack of evidence.

18 Sep 2012

The petitioner, Ventura Securities Ltd., a member of the National Stock Exchange of India Ltd. (NSEIL) and Bombay Stock Exchange Limited (BSEL), was a...

High Court

Bombay High Court Allows Second Appeal in Partition Suit Due to Failure of First Appellate Court to Reappreciate Evidence. The Court held that the first appellate court must discharge its duty as a final court of fact by independently reviewing evidence, and failure to do so causes prejudice to the appellant.

8 Apr 2005

The appellant, Rajnikant Walchand Gandhi, filed a suit for partition and separate possession claiming a 1/2th share in the suit properties against his...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With. Court held that the second appellate court cannot reappreciate evidence and interfere with concurrent findings of fact unless perverse or based on no evidence.

30 Nov -0001

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court which reversed the tri...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Interference with Concurrent Findings of Fact and Law. Court held that the scope of interference under Article 227 is limited to jurisdictional errors and not reappreciation of evidence.

30 Nov -0001

The petitioners, M/s. Sai Shradha Developers and its partners, filed a writ petition under Article 227 of the Constitution before the Bombay High Cour...

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