A. Arbitration and Conciliation Act, 1996—Ss.9, 7 & 16—Composite Family Settlement—Arbitration Clause—Agreements executed contemporaneously as part of a single family settlement constitute an integrated transaction and cannot be construed in isolation—Prima facie, the arbitration clause contained in the parent settlement agreement governs disputes arising from interconnected agreements, warranting interim protection pending arbitral adjudication. B. Family Settlement—Construction of Contemporaneous Documents—Multiple documents forming part of a family business arrangement must be interpreted holistically—Trademark, branding, and territorial rights constituted an integral component of the family settlement and were not intended to exist independently of the overall framework. C. Tra...

A. Constitution of India, 1950—Article 226—Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999—Clubbing of criminal cases for joint trial—A prayer for joint trial of multiple criminal cases pending before different Special MPID Courts must be considered by balancing the convenience of the accused with the interests and welfare of depositors and victims—Where two cases arising from FIRs registered at the same city involve common transactions and parties, they may be clubbed and tried together; however, a case arising from a distinct FIR registered elsewhere may continue before the competent court having territorial jurisdiction, particularly where transfer would cause substantial hardship to senior citizen investors—An undertaking by the accused to bear travel and mea...

A. Court Fees Act, 1859 (Bombay)—Section 46—Court Fee Exemption for Women—The exemption from payment of court fees available to women under the Government Notification dated 1-10-1994 is confined to specified categories, namely maintenance, matrimonial property disputes, violence, and divorce. Succession and partition suits do not qualify unless they fall within the notified categories. (Paras 10, 15, 18, 20–23) B. Court Fees Act, 1859 (Bombay)—Section 46—Violence—Scope of Exemption—The exemption on the ground of violence is attracted only where violence constitutes the foundation or an inseparable part of the cause of action. Mere allegations of physical, financial, or economic violence in a suit of a different nature are insufficient to claim exemption from court fees. (Paras 25–2...

A. Arbitration and Conciliation Act, 1996—Section 9—Post-Award Interim Relief—Grant of interim protection after an arbitral award requires the unsuccessful party to establish exceptional circumstances warranting departure from the award. Mere pendency of a challenge or an arguable case is insufficient; relief is justified only where refusal would cause irreparable prejudice despite a successful challenge. (Paras 42, 65) B. Arbitration and Conciliation Act, 1996—Sections 9 & 36(3)—Consent Terms—Suppression of Material Facts—Non-disclosure of material consent terms governing the continuation and expiry of a bank guarantee, coupled with delay in seeking relief, disentitles a party to equitable and discretionary relief under Section 9, particularly where such terms were negotiated by commercial...

A. Civil Procedure Code, 1908—Order VIII Rule 6A—Counter-Claim—A defendant may raise a counter-claim in respect of any right or claim accruing before or after institution of the suit, provided it arises before filing the written statement, with the object of avoiding multiplicity of proceedings and enabling complete adjudication of disputes in a single suit. (Paras 23–26) B. Civil Procedure Code, 1908—Order VIII Rule 6A—Belated Counter-Claim—No absolute time limit exists for filing a counter-claim before framing of issues. The Court may permit a delayed counter-claim after considering the explanation for delay, prejudice to the opposite party, stage of the proceedings, and the ends of justice. (Paras 19, 25, 30) C. Civil Procedure Code, 1908—Order VIII Rule 6A—Judicial Discretion...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—The jurisdiction of the High Court in a second appeal is confined to substantial questions of law arising from the judgment of the first appellate court. Findings of fact may be interfered with only where material evidence has been ignored, inadmissible evidence has been relied upon, or the findings are otherwise perverse. (Paras 10, 11, 13) B. Evidence Act, 1872—Sections 68, 72 & 90—Proof of Old Attested Documents—The presumption under Section 90 extends only to the genuineness of the execution of a document produced from proper custody after thirty years and does not prove its contents. Where attesting witnesses are alive and available, execution of an attested document must ordinarily be proved by examining them, and reliance on Section 9...

A. Maharashtra Co-operative Societies Act, 1960—Sections 154B-24(1) & 73-ID—No-Confidence Motion—Two-Thirds Majority—A motion of no confidence against an office-bearer of a co-operative housing society must be carried by not less than two-thirds of the committee members present and entitled to vote at the meeting, the majority being reckoned with reference to members present and voting, and not the total committee strength. (Paras 15, 17, 19) B. Maharashtra Co-operative Societies Act, 1960—Sections 154B-24(1) & 73-ID—Notice to Committee Members—Failure to issue notice of a no-confidence meeting to a duly appointed committee member, thereby depriving such member of the opportunity to participate and vote, vitiates the meeting and renders the resolution invalid. (Paras 7, 27, 29, 34) C...

A. Arbitration and Conciliation Act, 1996—Section 34—Arbitral Award—Contractual Limitation of Damages—An arbitral tribunal does not exceed its jurisdiction by holding a contractual cap on damages inapplicable where the employer commits a fundamental breach of the contract. Such an interpretation, if reasonable and consistent with the commercial purpose of the agreement, does not amount to rewriting the contract and is not liable to interference under Section 34. (Paras 8, 14, 16, 24, 28, 33, 41) B. Arbitration and Conciliation Act, 1996—Section 28(3)—Interpretation of Contract—Under the amended Section 28(3), the arbitral tribunal is required to take into account the terms of the contract, enabling a commercially sensible interpretation that advances business efficacy and avoids absurd or unjus...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—The High Court's jurisdiction in a second appeal is confined to substantial questions of law. Interference with concurrent findings of fact is permissible only where material evidence has been ignored, inadmissible evidence has been relied upon, or the findings are contrary to mandatory statutory provisions or binding precedents of the Supreme Court. (Paras 7–10, 16, 25) B. Benami Transactions (Prohibition) Act, 1988—Sections 3(1) & 3(2)—Benami Transactions—The statutory exception permitting purchase of property in the name of a wife or unmarried daughter applies only where the property is purchased exclusively in such person's name for her benefit. A purchase made jointly in the names of the wife and son falls outside the exce...

A. Penal Code, 1860—Section 354—Criminal Procedure Code, 1973—Section 482—Quashing of FIR—Where the allegations in the FIR prima facie disclose the commission of an offence under Section 354 IPC, the inherent jurisdiction under Section 482 CrPC cannot be invoked to conduct a mini-trial or evaluate the defence of the accused, which must be tested during trial. (Paras 9, 10, 15, 16) B. Criminal Procedure Code, 1973—Section 164(5A)—Statement of Victim—The statement of a victim recorded under Section 164(5A) is intended to aid investigation. Non-recording of such statement, or delay in recording it, does not by itself vitiate the prosecution or justify quashing of proceedings in the absence of prima facie mala fides or prejudice. (Paras 10–12, 14) C. Criminal Procedure Code, 1973&mda...