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Bombay High Court Dismisses Petitions Challenging Stamp Duty on Renewal of Perpetual Lease Under Maharashtra Stamp Act, 1958. Levy of stamp duty on renewal of perpetual lease is not manifestly arbitrary or violative of Articles 14 and 300A of the Constitution of India.

The Bombay High Court at Nagpur, through a division bench comprising Justices Anil S. Kilor and Rajnish R. Vyas, dismissed two writ petitions challeng...

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Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Supreme Court Disposes of Appeal in Property Dispute, Directs Status Quo Pending Civil Suit. Unilateral Cancellation of Registered Sale Deed Held Subject to Adjudication by Competent Civil Court.

The case involves a property dispute where the appellants claimed to have purchased land measuring Acs.3.46 cents from respondent Nos.1 to 4 through a...

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...

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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Interest Reduced. Court upholds arbitrator's finding on delay but modifies interest rate from 7% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Indian Oil Corporation Limited (petitioner) against a...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...