Search Results for "Section 33(5)"

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Bombay High Court Dismisses Challenge to Arbitral Award in Railway Bio-Diesel Supply Dispute — Fall Clause Interpretation Upheld. Court finds that comparing prices for different delivery distances without adjusting for freight is impermissible, and the arbitral tribunal's view is plausible.

The case involves a challenge by the Union of India (Central Railway) under Section 34 of the Arbitration and Conciliation Act, 1996, against an arbit...

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Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...

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Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

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High Court of Karnataka Quashes Proceedings Against Financier in Motor Vehicle Tax Default Case — Financier Not Liable for Tax Default of Borrower Under Karnataka Motor Vehicles Taxation Act, 1957. Hypothecation Does Not Confer Possession or Control, Hence No Prima Facie Case Against Financier.

The petitioner, M/s. Shriram Investments Ltd. (now amalgamated with Shriram Transport Finance Co. Ltd.), was a financier for a commercial vehicle bear...

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC Based on Circumstantial Evidence. Appellant's Conviction for Stabbing His Wife to Death Confirmed as Circumstantial Evidence Including Motive, Injuries, and Recovery of Weapon Established Guilt Beyond Reasonable Doubt.

The appellant, Balasaheb Sukhdev Navlikar (Kamble), was convicted by the 3rd Additional Sessions Judge, Kolhapur, for the murder of his wife Dipali un...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award Rejecting Claim as Time-Barred. Claim for pre-project expenses under MOU held barred by limitation as expenditure incurred prior to April 2001 and claim raised after three years.

The Petitioner, Oil and Natural Gas Corporation Limited (ONGC), challenged an arbitral award dated 12 November 2009 passed by the Arbitral Tribunal co...

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Bombay High Court Upholds School Tribunal's Compensation Award for Illegal Termination of Teachers Under MEPS Act. Termination Without Prior Approval of Education Officer Held Illegal, but Back Wages Limited to One Year's Salary as Reinstatement Not Feasible Due to Superannuation.

The judgment involves four writ petitions arising from a dispute between two retired teachers, Baburao Dahat and Sulbha Hejib, and their employer, Jaw...

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Bombay High Court Allows Appeal Against Return of Plaint in Transport Dispute — Jurisdiction Determined by Place of Wrongful Detention. Order 7 Rule 10 CPC Return of Plaint Set Aside as Trial Court Failed to Consider That Part of Cause of Action Arose Within Its Jurisdiction.

The appellants, Mallikarjun Transport and Chitrarekha Omprakash Khake, were transporters who entered into a contract with Gangapur Cooperative Sugar F...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...