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Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution. Court Restrains Respondents from Alienating Property Subject to Execution Petition to Prevent Frustration of Arbitral Decree.

The applicant, C.J. Charles Rajkumar, proprietor of M/s Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliation...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

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High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...