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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

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High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Finding That Properties Were Self-Acquired by Sons, Not Benami. Benami Transactions (Prohibition) Act, 1988 Held Retroactive, Barring Claim Based on Benami Nature.

The present appeal arises from a partition suit filed by Smt. P. Leelavathi (since deceased, represented by legal heirs) against her brothers, the ori...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...

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KAHC010220972024_1

These commercial appeals under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 read with Section 13(1A) of the Commercial Courts Act, 2...