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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Karnataka High Court Adjudicates Criminal Appeals Against Conviction in CBI Case Involving Fraudulent Auction of Wadiyar's Land for Tax Recovery. Convicts Challenge Trial Court's Judgment Under IPC and PC Act for Conspiracy, Cheating, and Corruption.

These criminal appeals arise from the judgment dated 30.08.2010 in Special CC No.134/1998 by the XXI Additional City Civil and Sessions Judge and Spec...

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Bombay High Court Sets Aside Visa Cancellation and OCI Rejection of German National Married to Indian, Directs Fresh Consideration with Fair Hearing. Fair procedure and natural justice must precede visa cancellation; mere matrimonial discord does not render a subsisting marriage a marriage of convenience.

The writ petition arose from the cancellation of visas and rejection of an Overseas Citizen of India (OCI) registration by the Foreigners' Regional Re...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

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Bombay High Court Dismisses Petition Challenging Framing of Additional Issue in Civil Suit. The court upheld the trial court's order framing an issue on the genuineness of documents, as the defendant had pleaded forgery and the issue was necessary for just adjudication.

The petitioner, the original defendant in Special Civil Suit No. 280 of 2017, filed a writ petition under Article 227 of the Constitution of India, 19...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Proved, Plaintiff Ready and Willful. Court sets aside concurrent findings of courts below and decrees suit for specific performance of contract for sale of agricultural land under Specific Relief Act, 1963.

The plaintiff (respondent in the second appeal) filed Regular Civil Suit No. 37/1994 for specific performance of an agreement to sell agricultural lan...

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Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...