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Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle.

The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dis...

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Bombay High Court Dismisses Section 37 Appeal Against Partial Setting Aside of Arbitral Award in Construction Contract Dispute — Non-Signatory Principal Held Liable Based on Agency Relationship and Implied Consent.

The appeals arose from three arbitral awards passed in disputes relating to the construction of mustard seed processing and storage silos in Rajasthan...

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Bombay High Court Considers Validity of Slum Rehabilitation Area Declaration Where No Show Cause Notice Was Issued. The Court Examines Whether Principles of Natural Justice Require Opportunity of Hearing Before Section 3C(1) Declaration Under Maharashtra Slum Areas Act, 1971.

This writ petition was filed in the Bombay High Court challenging the declaration of certain property as a Slum Rehabilitation Area under Section 3C(1...

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Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...