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Bombay High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court Failed to Frame Points for Determination and Provide Adequate Reasoning, Remanding Matter for Fresh Disposal.

The respondent filed Regular Civil Suit No. 19/2000 seeking mandatory injunction directing the appellants to demolish a portion of a compound wall con...

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WRIT PETITION NO. 5290 OF 2013

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Bombay High Court Allows Petition in Tenancy Declaration Case — Appellate Court's Reversal Set Aside. The High Court held that the Appellate Court erred in reversing the Trial Court's findings without proper appreciation of evidence under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room measuring 8x8 sq.ft. in Madhusadan Bungalow, Lonavala. The Respondent (original plaintiff) filed a suit in Dec...

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High Court Dismisses Challenge to NSE Appellate Arbitral Award in Stock Broker Dispute — Upholds Squaring Off of Client's Position Due to Margin Shortfall. Regulation 3.10 of NSE F&O Regulations Does Not Mandate Prior Written Notice Before Squaring Off; Award Based on Evidence.

The Petitioner, M/s Shaunik Infotech Pvt Ltd, was a registered client of the Respondent, India Infoline Ltd, a trading member of the National Stock Ex...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...

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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...