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Bombay High Court Allows Appeal in Property Injunction Suit — Remands Case for Fresh Consideration. Lower Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Order 41 Rule 23 CPC.

The appellant, Sayed Akbar, filed a suit for perpetual injunction and declaration of ownership against respondents Dhondiba and Sayeed Habib regarding...

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Gujarat High Court Quashes Revenue Revision Order for Violation of Natural Justice — Remand Ordered for Fresh Adjudication. Failure to provide copies of documents relied upon and denial of effective hearing renders revisional order unsustainable under Section 34 of the Gujarat Land Revenue Code, 1879.

The petitioners filed a Special Civil Application under Article 226 of the Constitution of India challenging an order dated 22.02.2017 passed by the S...

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High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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High Court of Karnataka Allows Appeal Against Pre-Deposit Condition in Central Excise Remand Order — Condition of Rs.40 Lakhs Deposit Set Aside as Unwarranted. CESTAT Cannot Impose Pre-Deposit Condition While Remanding Matter for De Novo Adjudication Under Central Excise Act, 1944.

The appellant, M/s Dhariwal Industries Limited, a manufacturer of Panmasala and Gutka registered under the Central Excise Act, 1944, was issued a show...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...