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High Court of Karnataka Examines Trial Court's Order Allowing Amendment of Plaint in Suit for Recovery to Include Specific Performance. Petition Under Article 227 Questions Delay and Due Diligence Despite Liberal Approach to Amendments under Order VI Rule 17 CPC.

The writ petition was filed under Article 227 of the Constitution of India by the defendants in a suit, challenging the order of the Senior Civil Judg...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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High Court Dismisses Application to Quash Process in Section 138 NI Act Case Against Partners of Accused Firm. Complaint's Averments That Partners Were in Charge of and Responsible for Conduct of Business Satisfied Section 141 NI Act, Negating Claim of Vicarious Liability Without Specific Role Pleading.

The case involved an application under Section 482 of the Code of Criminal Procedure, 1973 filed by two partners of a firm, seeking quashment of the o...

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Bombay High Court Allows Appeal in Transport Contract Dispute, Holds Mutual Mistake Warrants Rectification of Contract Distance. Court Finds Actual Distance 307 km, Not 263 km as Stated in Work Order; Appellant Entitled to Claim for Excess Work Under Section 70 of Contract Act.

The dispute arose from a transport contract for emergency coal transportation from New Majri Colliery to Paras power station. The plaintiff, a transpo...

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Bombay High Court Dismisses Challenge to Arbitrator's Interim Order Directing Security in Dredging Contract Dispute. Section 37(2)(b) Appeal Fails as Arbitrator's Order for Bank Guarantee of Rs. 5,66,30,579/- Upheld Pending Final Award.

The present Commercial Arbitration Petition was filed under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (the Act) by Karanja Terminal...

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Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...