Search Results for "Reappreciation of Evidence"

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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High Court of Bombay at Goa Considers Second Appeal Against Decree for Declaration and Injunction in Property Suit. Court Reviews Whether First Appellate Court Erred in Holding that Boundaries Prevailed Over Area in Sale Deed Without Proper Evidence.

This second appeal arose from a property dispute concerning survey numbers 46/3 and 46/4 in Valpoi, Goa. The plaintiffs (respondents in the appeal) ha...

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Bombay High Court Quashes Appellate Eviction Decree for Non-Application of Mind and Remands for Fresh Adjudication. First Appellate Court’s cryptic reversal without reassessing evidence held violative of Section 107 CPC; Revision allowed and appeal restored for fresh hearing.

The dispute arose between a landlord and a tenant over eviction from a two-room house in Umrer, Nagpur. The landlord filed a suit for ejectment on gro...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...

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Supreme Court Upholds Appeal in Provincial Insolvency Act Case Due to High Court Exceeding Jurisdiction by Reappreciating Evidence. The High Court's limited power under Section 75(1) first proviso does not allow disturbing findings of fact, and a wrong decision on facts is according to law.

The appeal arose from insolvency proceedings in which the petitioning creditor sought annulment of two mortgages executed by the insolvents, one for R...