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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Dismisses Winding Up Petition in Commission Dispute. Debt Held Bona Fide Disputed Under Sections 433(e) and 434 of Companies Act, 1956.

The petitioner, Total Sports & Entertainment India Pvt. Ltd., filed a winding up petition under Sections 433(e) and (f) and 434 of the Companies Act, ...

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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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Bombay High Court Hears Section 34 Petition Against Arbitral Awards in Information Technology Upgrade Contract Dispute. Petition Challenges Awards Granting Refund and Rejecting Counter Claims.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by CMC Limited (original respondent in the arbitration) impugnin...

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Supreme Court Allows Appeal in Specific Performance Suit Regarding Land Sale Agreement; Recital of Advance Payment Is Prima Facie Evidence; Addition of Encumbrance Clause Not Material Alteration

The dispute arose out of an agreement to sell land situated in Kugallur village. The appellant (plaintiff) agreed to purchase the land from the respon...

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Bombay High Court Dismisses Writ Petition Seeking to Restrain CIDCO from Enforcing Contractual Stipulation. Writ jurisdiction cannot be invoked to prevent a party to an agreement from insisting upon a contractual term.

The petitioner, M/s G.D.C. Buildcon Pvt Ltd., filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seekin...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...