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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment of Plaint in Suit for Specific Performance. Amendment Seeking to Change Suit from Specific Performance to Declaration of Title and Possession Held Impermissible as It Introduces Inconsistent Case and Is Barred by Limitation.

The petitioners, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 01.08.1994 executed by the predecessor-in-ti...

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Bombay High Court Grants Pre-Arrest Bail to Applicant in Cheating and Forgery Case — Investigation Complete, No Custodial Interrogation Required. Pre-arrest bail allowed under Section 438 CrPC for offences under Sections 246, 318, 337, 339, 340 BNS as investigation complete and applicant cooperated.

The applicant, Haribhau Dnyandev Chemte, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail in co...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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High Court of Bombay at Nagpur Dismisses Acquiring Body's Challenge to Maintainability of Applications under Section 28-A of Land Acquisition Act, 1894 — Claimants Who Filed Reference under Section 18 Are Not Barred from Seeking Redetermination Under Section 28-A.

The petitioner, Vidarbha Irrigation Development Corporation, the acquiring body, filed two writ petitions challenging the maintainability of applicati...

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Bombay High Court Upholds Trial Court's Decision to Frame Preliminary Issue on Jurisdiction in Money Recovery Suits. Court holds that Order XIV Rule 2 CPC allows framing of preliminary issue on jurisdiction even if it involves mixed questions of law and fact.

The petitioners, original plaintiffs in five separate Special Civil Suits for recovery of money and paintings, challenged an order dated 11.06.2012 pa...