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High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...

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Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

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Bombay High Court Allows Appeal Against Variation of Consent Order in Copyright Dispute Over Music Videos. Denial of opportunity to file reply before modifying consent order violates principles of natural justice.

The Appellant, Aman Chhabra, filed a commercial suit against the Respondents concerning the copyright of two music videos, 'Pyar To Na Kaho' and 'Lutt...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...