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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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High Court of Karnataka Dismisses Second Appeal in Easement Right of Way Case — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove existence of easement by necessity or prescription over forest land under Section 100 CPC.

The appellant, Sri B.V. Srikumar, was the unsuccessful plaintiff in a suit for declaration of right of way and permanent injunction against the Chief ...

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Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

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ARBITRATION PETITION NO.549 OF 2013

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Bombay High Court Allows Public Interest Litigation Seeking Declaration That Governor Must Act on Council of Ministers' Advice for Legislative Council Nominations. Article 171(5) Nomination Power Held to Be Non-Discretionary and Governor Bound by Aid and Advice of Council of Ministers.

The Bombay High Court, in this public interest litigation, examined the constitutional powers of the Governor to nominate members to the Maharashtra L...

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Bombay High Court Upholds CIC Order Declaring Board of Management of IISc Properties a Public Authority under the Right to Information Act, 2005. The Board's Constitution by a Government Notification Under the Charitable Endowments Act, 1890 Brought It Within Section 2(h)(d) Regardless of Financing.

The petitioner, the Board of Management of the Bombay Properties of the Indian Institute of Science, Bangalore, filed a writ petition under Articles 2...

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Bombay High Court Admits Writ Petition and Grants Interim Stay on Recovery of Unearned Income. Demand of Rs.26.06 Crores Against Tata Communications Alleged to be Based on Erroneous Finding of Land Transfer Due to Change in Shareholding.

The writ petition was filed by Tata Communications Limited (formerly Videsh Sanchar Nigam Limited) challenging the order of the Revenue Minister dated...