Search Results for "equitable principle"

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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High Court Sets Aside Arbitral Award in Partnership Dispute Between Parties Arbitration Petition Allowed Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Procedural Irregularities

The High Court allowed an arbitration petition challenging an arbitral award in a partnership dispute -- The Court found that the arbitral tribunal co...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 31.05...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds. Court Holds That the Arbitrator's Finding on Limitation Was Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appeal arises from an order of a learned Single Judge of the Bombay High Court setting aside an arbitral award under Section 34 of the Arbitration...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

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Bombay High Court Dismisses Review Application in Student Attendance Dispute — No Error Apparent on Record. Review jurisdiction under Order XLVII CPC not available to re-agitate merits where examination already concluded.

The applicant, Ankita Jagannath Sonawale, a post-graduate law student at Maharashtra National Law University, Chhatrapati Sambhajinagar, was disallowe...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...