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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Allows Appeal in Rape Case, Holds Offences Under Sections 376, 504, 506 IPC Form Same Transaction for Joint Trial Under Section 220 CrPC. The Court set aside the discharge of the accused for lack of territorial jurisdiction and directed trial for all offences together.

The Supreme Court allowed an appeal against the High Court's order upholding the discharge of the accused-respondent No. 2 for the offence under Secti...

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Supreme Court Considers Maintainability of Writ Petitions Against Armed Forces Tribunal Orders Under Article 226. High Court reversed Tribunal orders and granted relief; statutory appeal mechanism under Sections 30 and 31 of Armed Forces Tribunal Act, 2007 argued to exclude writ jurisdiction.

In these connected civil appeals, the Supreme Court was confronted with the issue of maintainability of writ petitions under Article 226 of the Consti...

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Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...