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Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator for Partnership Dispute. Court finds existence of arbitration clause in partnership deed and refers parties to arbitration despite dispute over dissolution.

The applicant, Mr. Palwinder Singh Samra, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Supreme Court Upholds Appeal in Provincial Insolvency Act Case Due to High Court Exceeding Jurisdiction by Reappreciating Evidence. The High Court's limited power under Section 75(1) first proviso does not allow disturbing findings of fact, and a wrong decision on facts is according to law.

The appeal arose from insolvency proceedings in which the petitioning creditor sought annulment of two mortgages executed by the insolvents, one for R...

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Supreme Court Examines Validity of Notification Withdrawing Land from Acquisition Under Section 48 of Land Acquisition Act, 1894 After Possession Taken. Issue Concerns Whether Withdrawal Is Permissible When Acquisition Proceedings Had Attained Finality and Possession Was Taken Years Earlier.

The dispute concerned the validity of a notification under Section 48 of the Land Acquisition Act, 1894 withdrawing Survey No. 50 (6 acres 20 guntas) ...

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Bombay High Court Dismisses Second Appeals by Purchaser and Co-Parcener in Joint Family Property Partition Suit. Sale of Joint Family Land by Father as Karta to Cooperative Society Found Not for Legal Necessity, Not Binding on Son's Share Under Hindu Law.

The litigation pertained to a suit for partition of joint Hindu family property. The plaintiff, Udhav Rasne, a coparcener, challenged the alienation o...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...