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Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

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Bombay High Court Dismisses Appeal in Share Dispute — No Grounds for Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court Held That the Arbitral Tribunal's Findings on Non-Delivery of Shares and Limitation Were Not Perverse or Contrary to Law.

The appellant, M/s Satish K. Narang & Co., an investor, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against the ju...

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High Court of Karnataka Upholds Service Tax on Restaurant Services as Valid Exercise of Union Legislative Power. Service Tax on Supply of Food and Drinks in Restaurants is Not a Tax on Sale of Goods but a Tax on Service, Falling Under Entry 97 of List I.

The case involves two intra-court appeals filed under Section 4 of the Karnataka High Court Act, challenging a learned Single Judge's common order dat...

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Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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High Court Quashes Detention Order Under MPDA Act Due to Procedural Lapses Petitioner Challenges Preventive Detention Based on Arms Act Offences and In-camera Statements -- Court Finds Lack of Subjective Satisfaction and Violation of Article 22 Safeguards

The petitioner filed a criminal writ petition challenging a detention order under the MPDA Act, which directed his detention for 12 months on grounds ...