Search Results for "deemed settlement"

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Supreme Court Allows IDBI Bank's Appeal in Winding Up Case — Revival of Winding Up Proceedings Set Aside and Sale Deed Directed to Be Executed. Agreement to Sell Not Fraudulent Preference Under Section 531 of Companies Act, 1956 as Executed Beyond Six-Month Period and Bona Fide.

The Supreme Court considered two appeals by IDBI Bank (erstwhile United Western Bank) against judgments of the Madras High Court relating to the windi...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Dismisses Second Review Petition in Service Matter — No Error Apparent on Record. Second review petition not maintainable as it seeks re-agitation of issues already decided, and no grounds under Order 47 Rule 1 CPC exist.

The petitioner, Anand Prabhakar Joshi, a former employee of the Bank of Maharashtra, filed a second review petition before the Bombay High Court seeki...

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Bombay High Court Allows Arbitration Petition Under Section 45 of Arbitration and Conciliation Act, 1996 — Refers Dispute to Arbitration. Holds That Arbitration Agreement Is Valid and Not Null and Void, Inoperative, or Incapable of Being Performed.

The petitioner, Bottero S.p.A., filed an arbitration petition under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the dis...

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Petition Filed Beyond Three-Month Limitation Period Plus 30-Day Condonation Window Without Sufficient Cause.

The petitioner, Logic Eastern India Private Limited, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 chal...

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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

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High Court of Karnataka Considers Lapse of Land Acquisition Under Karnataka Industrial Areas Development Act. Petitioners Claimed Acquisition Lapsed Due to Non-Payment of Compensation and Non-Passing of Award Under Section 24(2) of 2013 Act and Section 11A of 1894 Act.

The matter involved a writ petition under Articles 226 and 227 of the Constitution of India filed by landowners whose agricultural lands in Mahajenaha...