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Madras High Court Dismisses Appeal by Oil Corporation in Contract Termination Dispute — Upholds Single Judge's Direction to Handover Vacant Possession. Corporation Directed to Remove Fixtures and Equipments Within Two Weeks; Liberty Given to Invoke Contract Clauses for Damages.

The dispute arose from a dealership agreement between Indian Oil Corporation Limited (IOCL) and M/s A.R.Agencies, a petroleum dealer. IOCL, as the oil...

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High Court of Judicature at Bombay Examines Unfair Labour Practices in Workmen's Claim for Permanency. Industrial Court Order Under MRTU & PULP Act Challenged; Project Worker Status and 240 Days Service at Issue.

The present writ petitions were filed by the employer, a public limited company engaged in electricity generation and distribution, challenging the or...

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Bombay High Court Upholds Ejectment Decree Against Licensee in Maharashtra Rent Control Act Case. Licensee Cannot Claim Protection When Original Tenant Is a Government Company Exempted Under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for ejectment filed by the respondent landlords (original plaintiffs) against the applicant licensee and the original te...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Prior Termination of Arbitral Mandate. Court Holds That Right to Seek Appointment Is Not Extinguished by Termination Where Dispute Remains Unresolved.

The applicant, M/s. Strongwell Construction Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation ...

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Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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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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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Petition Seeking Retrospective Promotion and Back Wages for Master's Post — Exoneration Does Not Automatically Entitle to Retrospective Promotion or Back Wages Without Specific Order.

The petitioner, Lt. Cdr. Alok Verma, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Shipping Co...