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Karnataka High Court Hears Writ Petition Challenging Condonation of Delay in Filing Arbitration Application Under Section 34 of Arbitration Act. Dispute Centers on Whether Limitation Runs from Original Award or Belated Correction Order When Section 33 Application Filed Beyond 30 Days.

The writ petitions challenged the order of the Commercial Court condoning the delay in filing arbitration suits under Section 34 of the Arbitration an...

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Bombay High Court Reviews Challenge to Industrial Dispute Reference in Manufacturing Sector. Petition Seeks to Quash Conciliation Admission and Reference Orders for Alleged Non-Compliance with Section 12 of Industrial Disputes Act, 1947 and Rule 11 of Industrial Dispute (Bombay) Rules, 1957.

The writ petition arose from an industrial dispute between a manufacturing company engaged in the business of power transmission engineering products,...

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High Court of Karnataka Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Death of Employee Due to Lack of Safety Measures. Employer and Principal Employer Held Jointly and Severally Liable Under Section 3 of Workmen's Compensation Act, 1923.

The appeal was filed by the claimants, the legal representatives of the deceased Chinnaswamy, who died due to electrocution on 14.08.2013 while workin...

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High Court of Bombay Dismisses Obstructionists' Petition Challenging Rejection of Amendment Application in Execution Proceedings; Repugnant Defence of Prior Leave and Licence Agreement Cannot be Introduced to Withdraw Admission of Sub-Tenancy Made Earlier in Evidence.

The litigation arose from execution proceedings in R.A.E. Suit No. 666 of 1989, a suit for possession on the ground of bonafide requirement filed by t...

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Supreme Court Allows Appeal by Decree Holder in Specific Performance Suit — Compromise Decree Held Executable Despite Alleged Lack of Court Verification. Executing Court Cannot Go Behind Decree Under Section 47 CPC Unless Decree is a Nullity on Face of Record.

The Supreme Court allowed the appeal filed by the decree holder (Rehan Ahmad) against the judgment of the Rajasthan High Court, which had set aside th...

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Bombay High Court Dismisses Judgment Debtor's Petition Challenging Auction Sale in Execution Proceedings — No Material Irregularity Found Under Order 21 Rule 90 CPC.

The petitioner, M/s Vairagade Engineering Corporation, was the judgment debtor in a decree dated 21/09/2007 passed by the Delhi High Court in Civil Su...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief — Prima Facie Finding of Arbitration Agreement Sufficient. Court Rejects Argument That Existence of Arbitration Agreement Must Be Conclusively Determined at Interim Stage Under Section 9 of Arbitration and Conciliation Act, 1996.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court on an Arbitration Petition under Section 9 of the Arbitration and ...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...