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Supreme Court Dismisses Review Petition in Arbitration Enforcement Case — No Error Apparent on Record. Review Petition Against Dismissal of Civil Appeals Under Section 48 of Arbitration and Conciliation Act, 1996 Rejected as Court Found No Ground for Review Under Order 47 Rule 1 CPC.

The Supreme Court of India dismissed review petitions filed by Arun Dev Upadhyaya against the judgment dated 10.08.2021 in Civil Appeal Nos. 8345-8346...

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High Court of Karnataka Quashes Order in Partition Suit Execution Proceedings for Non-Compliance with Order XX Rule 18 CPC. Decree Not Drawn in Terms of Compromise, Execution Petition Held Not Maintainable.

The petitioners, who were plaintiffs in a partition suit (O.S.No.114/1990), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Grants Interim Injunction Restraining BCCI from Terminating IPL Franchise Agreement with Deccan Chronicle Holdings Limited. Court Holds Termination Notice Invalid for Not Providing 30-Day Cure Period Under Clause 11.1 of Franchise Agreement.

The petitioner, Deccan Chronicle Holdings Limited (DCHL), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking to r...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency.

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Fo...

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Bombay High Court Dismisses Appeal Against Order of Temporary Injunction in Suit for Declaration of Ownership and Possession. Held That Plaintiffs Have Prima Facie Case and Balance of Convenience Favors Grant of Injunction Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order passed by the Civil Judge, Senior Division, Panaji, granting a temporary injunction in favour of the responden...