Search Results for "Negotiated Settlement"

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

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Supreme Court Upholds Arbitral Award in Family Partition Dispute Between Brothers, Modifies by Consent. Close Relatives as Arbitrators Valid; Award Passed in One Sitting Not Invalid.

The dispute arose between two real brothers, Balwant Singh and Dungar Singh, after the death of their father Jeet Mal Jain regarding partition of fami...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Amendment Application in Disposed Appeal. Amendment application under Order 6 Rule 17 read with Section 152 CPC filed after disposal of appeal is not maintainable as the court becomes functus officio.

The petitioner, Smt. Suguna, was the plaintiff in O.S. No. 234/2006 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District. The...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Amendment Application in Disposed Appeal. Order 6 Rule 17 CPC cannot be invoked after disposal of appeal; Section 152 CPC is not available for amendment of pleadings.

The petitioner, Smt. Suguna, was the plaintiff in O.S. No. 234/2006 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District. The...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Partnership Dispute — Status Quo Ordered on Firm Properties Pending Arbitration. Court records statements from parties not to alienate partnership properties, directing status quo to preserve subject matter of arbitration.

The petitioners, Taz Naval Nariman and Rukhsshana Meher Anklesaria, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Derivative Transaction Case. Exchange Traded Derivatives Held Not Speculative Under Section 43(5) of Income Tax Act, 1961, with Retrospective Application of Clause (d) of Proviso.

The case involves an appeal by the Commissioner of Income-tax, Central-IV against the order of the Income Tax Appellate Tribunal (ITAT) in favor of th...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...