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Bombay High Court Dismisses Petition Challenging Arbitral Award in Family Property Dispute. Court Upholds Arbitrator's Findings of Fact Under Section 34 of Arbitration and Conciliation Act, 1996, Holding That Interference Is Not Warranted Unless Award Is Perverse or Contrary to Public Policy.

The present writ petition under Article 227 of the Constitution of India was filed by the petitioners, who are legal representatives of the original p...

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High Court of Karnataka Dismisses Trust's Challenge to Land Acquisition for Market Yard Due to Delay and Laches. Challenge to Preliminary Notification Under Section 4(1) of Land Acquisition Act, 1894 Filed After Over a Year Held Not Maintainable.

The Jamnalal Bajaj Seva Trust filed two writ petitions challenging the acquisition of its land by the State of Karnataka for the benefit of the Agricu...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — No Right, Title or Interest in Suit Property at Time of Agreement. Subsequent purchaser/developer not entitled to be impleaded under Order 1 Rule 10 CPC as decree would bind them.

The Bombay High Court dismissed a chamber summons filed by M/s Space Developer, a registered partnership firm, seeking impleadment as a party defendan...

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Bombay High Court Allows Appeal Against Appointment of Plaintiff as Receiver in Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Interim Relief Granted After Suit Ready for Trial Held Improper.

The appellants, original defendants, challenged an order dated 28 March 2013 passed by the learned Civil Judge, Senior Division, Thane, which allowed ...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...