Search Results for "Disputed Claims"

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

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Karnataka High Court Examines Legality of Arrests by Enforcement Directorate in Money Laundering Case After Predicate Offence Closed. Petitioners Allege Violation of Section 19 of PMLA and Fundamental Rights, Challenging Custody Remand Orders.

The three writ petitions, heard together, challenged the legality of the arrest and subsequent custody remand orders of the petitioners, who were dire...

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Bombay High Court Hears Second Appeal Against Partition Decree; Challenge to Lower Appellate Court's Grant of 1/4th Share in Joint Family Properties. Plaintiff Claimed Share via Will but Court Rejected Will Yet Allowed Partition, Now Appellants Contend Family Settlement Extinguished All Shares.

The second appeal before the Bombay High Court arises out of a partition suit. The plaintiff, Smt. Sushila, filed a suit for declaration, partition, a...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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Bombay High Court Examines Whether Land Acquisition Authority Must Stay Proceedings When Civil Suit for Specific Performance is Pending. Court Reiterates That Civil Court Jurisdiction is Barred Only When Full Relief is Available Before Special Forum Under RFCTLARR Act, 2013.

The dispute arose out of land acquisition proceedings for the Kanhan River Project. The petitioner's father had entered into agreements with responden...

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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Compensation Case — Amputation of Both Legs Due to Fall from Train. Held that the claimant was a bona fide passenger and the incident was an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling him to compensation.

The appellant, Nagesh Gulabrao Kale, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, for injuries sustained in an untoward ...