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High Court of Bombay Considers Enforcement of Foreign Arbitral Award Under Sections 46 and 47 of Arbitration and Conciliation Act, 1996 — Dispute Arises from International Sale of Steel Coils Where Italian Company Sought to Enforce Award Against Indian Steel Manufacturer.

The case concerns a petition filed under Sections 46 and 47 of the Arbitration and Conciliation Act, 1996, seeking enforcement of a foreign arbitral a...

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High Court of Karnataka Adjudicates Batch of Petitions Challenging Forest Development Tax Notification on Mining Leases; Examines Legislative Competence under Karnataka Forest Act and Forest (Conservation) Act.

A batch of writ petitions was filed before the High Court of Karnataka challenging the validity of Notification No. FEE/23/2007-08 dated 16.08.2008 is...

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Supreme Court Upholds High Court Judgment Setting Aside Appellate Authority Order Under Madhya Pradesh Shops & Establishments Act, 1958. The Court affirmed that clubs not being residential clubs are exempt from the Act under Section 3(j), rendering the Appellate Authority's reinstatement order invalid.

The dispute arose from the termination of services of the appellants, who were employees at a club run by the respondents. The appellants filed a comp...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Under Section 50(1)(b) of Arbitration & Conciliation Act, 1996 — Award Not Binding on Non-Signatory Respondents as They Were Not Parties to Arbitration Agreement.

The appellant, Integrated Sales Services Limited (ISSL), a Hong Kong company, entered into a Representation Agreement on 18th September 2000 with DMC ...

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High Court of Bombay Decides Writ Petition Against ONGC's Banning Order. Petitioner Challenges Three-Year Blacklisting on Grounds of Natural Justice Violation.

The petitioner, M/s J.K. Surface Coatings Pvt. Ltd., a company engaged in corrosion resistant coating application, challenged a banning order dated 25...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...