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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court Dismisses Assessee's Appeal in Income Tax Case — Commission Payment Disallowance Upheld. The court held that the Tribunal's finding that commission agents had not rendered services was based on valid material and sustainable under Section 37(1) of the Income Tax Act, 1961.

The appellant, The Indian Hume Pipe Co. Ltd., is a listed company engaged in manufacturing and sale of RCC pipes, steel pipes, etc. For the assessment...

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Bombay High Court Quashes FIR in Cheating Case Where Dispute is Purely Civil in Nature. Failure to Pay Outstanding Amount Under a Commercial Agreement Does Not Attract Section 420 IPC as No Deception at Inception is Established.

The applicant, Manish Shyamsundar Batra, proprietor of M/s. S. B. Traders, filed a criminal application under Section 482 of the Code of Criminal Proc...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

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High Court Dismisses Writ Petition in Income Tax Matter Involving India-China DTAA Interpretation. Petitioner's Claim for NIL Withholding Tax Certificate Rejected Due to Pending Assessments and Previous Tax Determinations Under Section 197 of Income Tax Act, 1961.

The dispute involved a Chinese company, Petitioner, which provided technical services to its Indian subsidiary, Benteler India Private Limited, under ...

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Karnataka High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Weak Circumstantial Evidence. Appeal Under Section 378 CrPC Challenges Acquittal for IPC Sections 302, 201, 404, 419 Based on Defective Recovery, Delay in FIR, and Unestablished Last Seen.

The State of Karnataka filed an appeal under Section 378(1) and (3) CrPC against the judgment of acquittal dated 08.08.2013 passed by the Fast Track C...

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High Court Considers Whether Arbitrator Has Jurisdiction to Pass Successive Awards and Whether Claims Are Barred by Res Judicata. Challenge to Awards Confirmed by Lower Court Raises Issues of Functus Officio and Splitting of Claims under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

The appeals arose from two arbitration awards passed by the sole arbitrator in disputes between Mysore Lamp Works Limited (appellant) and S.V. Enginee...

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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Canal Construction Contract — Upholds Arbitrator's Award on Premium Rate at 93.12% for Extra Work, Remits Claim No.8 for Reconsideration, and Restores Interest at 12% Per Annum

The dispute arose from a contract dated 05.02.1985 between Chandigarh Construction Co. Pvt. Ltd. (claimant) and the State of Punjab (opposite party) f...