CIVIL REVISION APPLICATION NO. 427 OF 2009...
The case concerns eviction proceedings initiated by the Life Insurance Corporation of India (LIC) against the occupant, Niloufer Marshall, in respect of a flat and garage owned by LIC. The original te...
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High Court of Judicature at Bombay Adjudicates Section 34 Petition Against Partial Arbitral Award Upholding Initialled Joint Executing Agreement as Valid Arbitration Agreement. Initialling and Conduct Found to Evidence Mutual Assent, Establishing Binding Contract Under Section 7, Arbitration and Conciliation Act, 1996....
The dispute arose from a consortium formed by M3nergy Sdn. Bhd. (M3), Hindustan Petroleum Corporation Ltd. (HPCL), and Prize Petroleum Company Ltd. (PPCL) to bid for an oil and gas development project...
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High Court
Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Setting Aside of Arbitral Award for Patent Illegality and Violation of Natural Justice. Arbitrator's failure to consider vital evidence and crucial documents renders award patently illegal and liable to be set aside under Section 34 of the Arbitration and Conciliation Act, 1996....
The appellant, M/s Leaf Bio-Tech Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of the City Civil Court, Mumbai, which had set aside an arb...
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High Court
Bombay High Court Dismisses Section 37 Appeals, Upholding Arbitral Award Against Project Owner in Construction Dispute. Project Owner Bound by Arbitration Clause Though Non-Signatory, Owing to Active Participation and Common Intention Under Cox and Kings Principle....
The Bombay High Court considered three appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a construction contract dispute. The appellant, Rajasthan State Co-op Oil See...
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High Court
Bombay High Court Examines Whether GlaxoSmithKline Decision on Territorial Jurisdiction Stands Overruled by Supreme Court. Issue Pertains to Determination of Territorial Jurisdiction of Labour/Industrial Courts Under MRTU Act When Employees Are Posted Outside Maharashtra But Employer's Office Is Within State....
The High Court of Bombay heard a batch of matters comprising Appeal No. 585 of 2009 and several connected writ petitions. The core dispute centered on the territorial jurisdiction of Labour/Industrial...
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High Court
Bombay High Court Dismisses Civil Revision Application in Tenancy Declaration Case — Exclusive Possession Not Established. Sub-tenancy claim fails as plaintiff failed to prove exclusive possession and landlord's consent under Section 115 CPC....
The case involves a Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 by the original plaintiff, Bhagyashri Ashok Athle, challenging the concurrent findings of th...
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High Court
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Rent Fixation Dispute Between Co-operative Society and Member. Maharashtra Rent Control Act Held Applicable to Industrial Co-operative Society's Premises Despite Society's Bye-laws....
The petitioner, The Ichalkaranji Industrial Co-operative Estate Ltd., a society registered under the Maharashtra Co-operative Societies Act, challenged concurrent findings of the 4th Joint Civil Judge...
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High Court
Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Arbitral Award for Violation of Natural Justice and Public Policy. Failure to Provide Opportunity to Cross-Examine Key Witness and Non-Consideration of Vital Evidence Renders Award Patently Illegal....
The appellant, M/s Leaf Bio-Tech Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the order of the City Civil Court, Mumbai, which dismissed its petiti...
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High Court
Bombay High Court Dismisses Section 37 Appeal Against Partial Setting Aside of Arbitral Award in Construction Contract Dispute — Non-Signatory Principal Held Liable Based on Agency Relationship and Implied Consent....
The appeals arose from three arbitral awards passed in disputes relating to the construction of mustard seed processing and storage silos in Rajasthan. The appellant, a cooperative federation, engaged...
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High Court
High Court of Bombay Determines Territorial Jurisdiction of Labour Courts Under MRTU Act for Employees Outside Maharashtra. The Court considers whether the principle that situs of employee determines jurisdiction (GlaxoSmithKline) is overruled by subsequent Supreme Court rulings....
The High Court of Bombay heard a batch of matters, including Appeal No.585 of 2009 and several writ petitions, involving employees and trade unions from various pharmaceutical companies. The employees...
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