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Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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Bombay High Court Partly Allows State's Appeal in Land Acquisition Compensation Case — Market Value Reduced from Rs. 200 to Rs. 150 per sq.meter. Comparable Sale Instances of Small Plots Require Deduction for Development When Applied to Large Acquisitions Under Section 23 of Land Acquisition Act, 1894.

The State of Maharashtra appealed against the judgment of the Reference Court in Land Reference No. 1 of 1987, which had enhanced the compensation for...

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Bombay High Court Dismisses Appeal Against Arbitral Award on Retention Money Refund. Jurisdictional Objection Under Section 16(2) of Arbitration and Conciliation Act, 1996 Must Be Raised at Earliest Opportunity.

The case involves an appeal against a judgment of a Learned Single Judge of the Bombay High Court, which affirmed an arbitral award granting refund of...

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Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Stock Broker Dispute. Seat of Arbitration Determined by NSEIL Byelaws, Not by Agreement Clause.

The petitioner, Kantilal Chhaganlal Securities Private Limited, a stock broker, challenged an arbitral award dated 29 April 2010 passed by a panel of ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...