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Bombay High Court Dismisses Second Appeal in Cooperative Bank Dispute — Civil Court Lacks Jurisdiction Due to Absence of Fraud Allegations. Jurisdictional bar under Cooperative Societies Act upheld as plaint lacked particulars of fraud.

The appellants, Durga Premanand Navelkar and Premanand Ganesh Prabhu Navelkar, filed a suit against the Goa Urban Co-operative Bank Limited and its of...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Procedural Order in Arbitration Proceeding. Section 9 or Section 19 of Arbitration and Conciliation Act, 1996 Cannot Be Invoked to Challenge Arbitrator's Communication Regarding Procedure.

The petitioner, Sahyadri Earthmovers, filed an Arbitration Petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Partition and Adverse Possession. The court held that the appellant failed to prove exclusive title and that the suit was barred by limitation and res judicata.

The case involves a property dispute over Gut No. 152, Old Survey No. 76, admeasuring 5H 36R (13 acres) at Village Pimpri, Taluka Khurd, District Aura...

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High Court of Karnataka Dismisses Taluka Panchayat's Appeal in Land Revenue Dispute — Upholds Private Ownership of Land Granted Under Karnataka Land Revenue Act, 1964. Civil Court Decree Declaring Title of Legal Heirs of Grantee is Binding on Revenue Authorities and Principle of Res Judicata Applies.

The case involves a dispute over a piece of land in Chamarajnagar Taluk, Karnataka. The appellant, Taluka Panchayat Chamarajnagar, claimed that the la...

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Bombay High Court Allows Civil Revision Against Return of Plaint in Ejectment Suit Filed Before Small Causes Court. Suit for Ejectment of Licensees Valued at Rs. 200/- is Cognizable by Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicant, Ashok Khubchand Vaswani, filed Regular Civil Suit No. 409 of 2009 before the Small Causes Court at Nagpur seeking ejectment of the resp...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records — Dispute Over Agricultural Land Succession and Partition. Mutation entries under Section 149 of Maharashtra Land Revenue Code, 1966 do not confer title; civil suit for declaration of title is appropriate remedy.

The petitioners, claiming to be heirs of the original owner of agricultural land, challenged mutation entries made in favor of the respondents in the ...

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High Court of Bombay at Goa Allows Appeals in Land Acquisition Case — Compensation Enhanced for Tenanted and Untenanted Lands. Reference Court's dismissal of enhancement set aside; appellant entitled to higher compensation based on comparable sale instances and previous awards.

The appellant, Pandurang Daji Naik, owned lands at Torcem, Pernem Goa, which were acquired by the State for the construction of B/6 distributaries of ...