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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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High Court of Bombay Determines Validity of Arbitrator's Interim Order Under Section 37 of Arbitration Act in MAPA Escrow Dispute. The Court Examines Whether the Order Preventing Parties from Proceeding Before Escrow Agents Was Justified.

The High Court of Bombay, in an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, considered a challenge to an inte...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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High Court of Judicature at Madras Considers Writ Petition Against Order of Industrial Tribunal Rejecting Plea for Award on Majority Settlement. Industrial Tribunal Found Majority Settlement Voluntary but Held It Not Binding on Non-Signatory Union Members Under Industrial Disputes Act, 1947.

The management of Caterpillar India Private Limited, a multinational manufacturing off-road vehicles, and its recognized union, Caterpillar India Priv...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...