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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act as Findings Are Not Perverse or Contrary to Law.

The petitioners, legal heirs of the original claimant Inacio Amorim V. D'Costa, filed a writ petition under Article 227 of the Constitution of India c...

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Bombay High Court Upholds Arbitral Award in Stock Trading Dispute — Rejects Challenge Under Section 34 of Arbitration Act for Lack of Patent Illegality. Counterclaim Dismissal Upheld as Reasoned and Within Arbitral Tribunal's Discretion.

The petitioner, M/s. Indiabulls Securities Ltd., a trading member of the National Stock Exchange (NSE), challenged an arbitral award under Section 34 ...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Claim for Unauthorised Transactions in Stock Broker Account. Court upholds arbitral finding that claim was barred by limitation and lacked merit due to acknowledgments of contract notes.

The petitioner, a constituent of the respondent stock broker, filed an arbitration petition challenging an award dated 7th January 2011 that rejected ...

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Bombay High Court Allows Second Appeal in Divorce by Mutual Consent Case — Restores Trial Court's Decree Under Section 13B of Hindu Marriage Act, 1955. First Appellate Court Erred in Setting Aside Mutual Consent Divorce After Full Payment of Settlement Amount and Withdrawal of Consent by Wife.

The appellant-husband and respondent-wife were married on 01/02/1998 as per Hindu rites. Disputes arose, leading to the wife filing a suit for restitu...

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High Court of Karnataka Allows Wife's Appeal Against Ex Parte Divorce Decree for Lack of Proper Service. Family Court's Finding of Sufficient Service Based on 'Refused' Endorsement Set Aside as Notice Was Not Properly Addressed.

The appellant-wife married the respondent-husband on 10.7.2005 and they have a male child. On 26.3.2012, the husband filed a petition under Section 13...