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"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...

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High Court of Karnataka Dismisses Regular Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sell Dated 09.01.2012 Proved, Readiness and Willingness Established, and Limitation Issue Rejected.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the defendants (appellants) against the ju...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property.

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to...

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High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement of Sale Not Proved Due to Absence of Attesting Witness and Discrepancies in Evidence. Plaintiffs Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The case involves two first appeals arising from suits for specific performance of agreements of sale dated 11.4.2002. The respondents (plaintiffs) cl...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Bombay High Court Dismisses Revision Against Rejection of Amendment Application in Civil Suit — Amendment Sought After 11 Years and After Commencement of Trial Held Not Bonafide and Would Cause Prejudice to Opposite Party.

The petitioners, who were defendants in Special Civil Suit No.123 of 1990 filed by the predecessor of respondents No.1 to 8, challenged the order date...