Search Results for "Enforceability"

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and first appellate court decrees regarding declaration of title and permanent injunction, finding no substantial question of law under Section 100 CPC.

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of the firs...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Supreme Court Allows Appeal Against Termination of Arbitral Proceedings Under Section 32(2)(c) of Arbitration and Conciliation Act, 1996 — Held That High Court Erred in Interfering with Arbitral Tribunal's Discretion Under Section 14(2) of the Act.

The appeal arose from a dispute involving Dani Wooltex Corporation (appellant), Sheil Properties (respondent), and Marico Industries. The appellant ow...

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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief in Foreign Award Enforcement. Court Confirms Injunction Restraining Alienation of Helicopter Pending Enforcement of Singapore Award Under Part II of Arbitration Act, 1996.

The respondent, Aircon Feibars FZE, obtained a foreign award in Singapore on 25 January 2017 for approximately US$7 million (Rs.46 Crores) against the...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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Karnataka High Court Dismisses Writ Appeal Against Transfer Order as Premature — Transfer Order Not Yet Implemented, No Cause of Action Arises. The court held that a challenge to a transfer order is not maintainable until the order is given effect to, as no cause of action arises before implementation.

The appellant, Alla Saheb, was working as Executive Engineer in the District Urban Development Cell, Vijayapura since 6.3.2014. On 18.8.2016, the Stat...