Search Results for "Commercial Division jurisdiction"

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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WRIT PETITION NOS. 4564, 4565

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Bombay High Court Grants Anti-Suit Injunction Restraining English Proceedings in Breach of Exclusive Jurisdiction Clause. Exclusive jurisdiction clause in EDA held binding despite subsequent MOU; strong cause not shown by defendants.

The Plaintiff, Hansraj Nayyar Medical India, a proprietorship engaged in selling medical products, filed a suit for anti-suit injunction against Smith...

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High Court of Bombay Adjudicates Petitions Under Section 37 of Arbitration Act Against Interim Deposit Order. The Arbitral Tribunal Had Directed Joint and Several Deposit of Rs.190 Crores and Restraint on Property Alienation.

The dispute arose from a Share Holders Agreement (SHA) dated 27 December 2012 and subsequent amendments between the Claimants (investors) and the Resp...

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Madras High Court Sets Aside MSME Facilitation Council Award for Lack of Jurisdiction — BSNL Not Liable for Interest Under MSMED Act as Council Had No Territorial Authority Over Dispute Arising from Contract with Chennai Seat of Arbitration.

The petitioner, M/s. Bharat Sanchar Nigam Limited (BSNL), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case — Incomplete Development and Rights of Other Flat Owners Ignored. Unilateral Conveyance of Entire Land to One Society Held Invalid When Other Buildings Remain Unfinished and Governed by Different Enactment.

The petitioners, Marathon Next Gen Realty Limited and Marathon Realty Private Limited, are the owners and developers of a large parcel of land admeasu...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...