Search Results for "Disputed Claims"

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator Despite Non-Compliance with Pre-Arbitration Procedure. Respondent's Failure to Object to Invocation of Arbitration Constitutes Waiver of Condition Precedent Under Clause 67 of General Conditions of Contract.

The applicant, M/s. Madhav Structural Engineering Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court at Goa Upholds Conviction for Murder Under Section 302 IPC — Life Imprisonment Confirmed for Assault with Stone Causing Death of Mother-in-Law. The court found the evidence of eye-witnesses and medical evidence sufficient to prove the guilt beyond reasonable doubt.

The appellant, Indrajeet Godbole, was convicted by the Additional Sessions Judge-III, South Goa, Margao in Sessions Case No.28/2006 for the offence of...

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High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

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Bombay High Court Dismisses Petition Seeking Stay of Suit Pending Probate Proceeding — No Automatic Stay of Civil Suit Under Section 10 CPC When Probate Proceeding Is Not a Previously Instituted Suit

The petitioner, Chandrashekhar Kashinath Patange, filed a writ petition challenging the order dated 6/7/2012 passed by the City Civil Court, Greater B...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Dismisses Probate Petition for Will Dated 1988 Due to Suspicious Circumstances and Failure to Prove Genuine Execution. Court holds that propounder must dispel all suspicions surrounding the will, including unnatural disposition and lack of independent evidence.

The case concerns a testamentary suit filed by Suresh Hemmady, the executor under the will of Mira R. Nadkarni, seeking probate of the will dated 15th...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...