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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Appellate Court's Finding of Adverse Possession. The court held that the appellants failed to prove title and that the respondents had perfected title by adverse possession over the suit property.

The case involves a Regular Second Appeal filed by the appellants (original plaintiffs) against the judgment and decree of the Senior Civil Judge and ...

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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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Dispute Over Non-Compete Clause Post-Termination. Validity of Restraint Clauses Beyond Termination Under Arbitration and Contract Law

The Bombay High Court addressed a dispute between Indus Power Tech Inc. (Appellant) and Echjay Industries Pvt. Ltd. (Respondent) over a non-compete cl...

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Bombay High Court Examines Whether Land Acquisition Authority Must Stay Proceedings When Civil Suit for Specific Performance is Pending. Court Reiterates That Civil Court Jurisdiction is Barred Only When Full Relief is Available Before Special Forum Under RFCTLARR Act, 2013.

The dispute arose out of land acquisition proceedings for the Kanhan River Project. The petitioner's father had entered into agreements with responden...

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High Court of Bombay at Aurangabad Dismisses Appeal Against Setting Aside of Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitrator's Award of Interest on Escalation Amount Upheld as Not Contrary to Contract Terms.

The case involves an appeal by Godawari Marathwada Irrigation Development Corporation against a judgment of the Civil Judge, Senior Division, Parbhani...

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Karnataka High Court Dismisses Appeal Against Decree of Specific Performance of Sale Agreement. Court holds that plaintiff's readiness and willingness to perform is established by evidence of payment of balance sale consideration and execution of sale deed within time.

The present first appeal is filed by the defendant under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30...

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High Court of Karnataka Dismisses Petitions of JTOs Challenging Promotion Policy for Training Officers. The court upheld the validity of the Karnataka Government Servants (Seniority) Rules, 1957 and the promotion policy based on seniority-cum-merit.

The petitioners, who are Junior Training Officers (JTOs) in various Government Industrial Training Institutes (ITIs) in Karnataka, challenged the prom...

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Bombay High Court Adjudicates Challenge to Maharashtra Stamp Act Amendment on Advertisements. Petition Seeks Declaration that Imposition of Stamp Duty on Mass Media Advertising Contracts is Unconstitutional and Void.

The Advertising Agencies Association of India and several other entities representing advertising, newspaper publishing, and broadcasting sectors file...