Search Results for "second petition maintainability"

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Bombay High Court Hears Section 34 Petition Against Arbitral Awards in Information Technology Upgrade Contract Dispute. Petition Challenges Awards Granting Refund and Rejecting Counter Claims.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by CMC Limited (original respondent in the arbitration) impugnin...

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High Court of Karnataka Allows Writ Petition Quashing Arbitrator's Orders Refusing to Decide Jurisdiction as Preliminary Issue. Arbitrator Must Rule on Jurisdiction at Threshold Under Section 16 of Arbitration Act, 1940.

The petitioner, M/s. Northroof Ventures Private Limited (formerly M/s. Nitesh Housing Developers Pvt. Ltd.), a company incorporated under the Companie...

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WRIT PETITION NO.388 OF 2016

The petitioners, a company importing and supplying ATMs to State Bank of India, filed a writ petition under Article 226 of the Constitution challengin...

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Bombay High Court Dismisses Petition Challenging Land Acquisition for Road Widening in Pune. Acquisition under Section 126 of MRTP Act for public purpose is valid and petitioner cannot claim title over land reserved for road.

The petitioner, Atur Park-4 Co-operative Housing Society Limited, filed a writ petition challenging the acquisition of its land for road widening in P...

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Bombay High Court Dismisses Appeal in Arbitration Matter for Lack of Maintainability — Orders Under Section 34 Not Setting Aside or Refusing to Set Aside Award Are Not Appealable Under Section 37 of the Arbitration and Conciliation Act, 1996.

The case involves an appeal filed by Home Care Retail Marts Private Limited under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Dismisses Petition Challenging Rejection of Rescission Application in Execution Proceedings for Specific Performance Decree. Legal representatives of judgment debtor failed to demonstrate grounds for rescission of agreement of sale under Order 21 Rule 35 of CPC, 1908.

The petitioners, legal representatives of late Daulatrao Nitnaware, filed a writ petition challenging an order dated 25.11.2025 passed by the learned ...

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High Court of Karnataka Allows Revision Petitions in VAT Reassessment Cases — Reassessment Orders Set Aside for Non-Compliance with Section 39(1) of KVAT Act, 2003. Mandatory Pre-Decision Hearing Requirement Not Waived Despite Assessee's Participation in Subsequent Proceedings.

The judgment concerns five revision petitions filed under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) against orders of the Ka...

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High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

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Bombay High Court Reserves Judgment on Writ Petition Challenging Termination of College Principal Over Cancelled Caste Certificate. Petitioner Questions Tribunal’s Dismissal of Appeal Alleging Violation of Natural Justice in Cancellation of Caste Certificate Under Maharashtra Universities Act, 1994.

Background: The petitioner, Shri Sambhaji Shivaji Mali, initially appointed as a lecturer in 1968 and confirmed in 1971 at a college affiliated to Shi...