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Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause.

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt...

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Bombay High Court Dismisses Writ Petition Seeking Acquisition or Restoration of Land in Land Acquisition Act Case — Possession Already Taken Under Award. Writ of Mandamus Cannot Compel Acquisition When Land Vests in State Under Section 16 of Land Acquisition Act, 1894.

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to acquire t...

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Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...

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Bombay High Court: Cooperative Housing Society Cannot Expel Members for Filing Genuine Complaints | Section 35 Maharashtra Cooperative Societies Act, 1960 Explained

The Bombay High Court allowed a writ petition filed by five members of a cooperative housing society challenging their expulsion from the society's me...

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High Court of Karnataka Appoints Arbitrators in Brewing Agreement Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996 — Failure of Appointed Arbitrator to Constitute Tribunal Justifies Court Intervention.

The petitioner, Anheuser Busch InBev India Limited, filed a Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, ...

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High Court of Karnataka Quashes Trial Court Order Rejecting Documents in Civil Suit — Defendant's Right to Produce Evidence Upheld. Trial Court's Order Rejecting Documents as Inadmissible Without Proper Application of Mind Set Aside; Matter Remanded for Fresh Consideration Under Order 13 Rule 3 CPC.

The petitioner, M/s. Mahesh & Associates, a registered partnership firm, was the defendant in O.S. No.6141/2015 pending before the LVIII Additional Ci...

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Bombay High Court Admit Second Appeals Challenging First Appellate Court's Reversal of Money Decree. Substantial Questions of Law Framed on Whether First Appellate Court Properly Considered Trial Court Findings and Whether Its Findings Were Perverse.

The appellants filed a summary suit for recovery of Rs. 74,37,500 against the respondent based on a memorandum of understanding executed on 01.01.2011...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...