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High Court of Karnataka Allows Civil Revision Petition, Sets Aside Order Referring Dispute to Arbitration Under Section 8(1) of Arbitration and Conciliation Act, 1996 — Agreement Not Duly Stamped and Insufficiently Stamped, Hence Not Enforceable.

The petitioner-plaintiff filed a suit for recovery of Rs.16,29,311.74 with interest. The suit was decreed ex parte on 10.04.2018. The defendant No.1 f...

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Supreme Court Quashes Arbitrator Appointment: Non-Arbitrable Disputes Governed by Statutory Jurisdiction. Disputes under the Payment of Wages Act and Industrial Disputes Act held non-arbitrable; High Court order reversed with costs imposed on the respondent.

The Supreme Court disallowed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that disputes...

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High Court of Karnataka Dismisses Writ Petition Challenging Demolition Under National Highways Act — Petitioner Failed to Establish Ownership of Property. Burden of proof lies on petitioner to establish ownership for maintainability of writ under Article 226 of Constitution of India.

The petitioner, SND Sampath, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, cha...

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Reaffirming Arbitral Awards: Indian High Court Upholds International Arbitration Award.

The Bombay High Court enforced an arbitral award passed by the International Court of Arbitration, London, affirming the legality of an assignment of ...

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"Arbitral Mandate Extension Post-Expiry: Supreme Court Clarifies Section 29A of Arbitration Act" Pandemic and mutual consent deemed sufficient cause for mandate extension.

Application under Section 29A(4) of the Arbitration and Conciliation Act, 1996, for extending the mandate of an arbitral tribunal, can be entertained ...

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"Bombay High Court Clears Path for Arbitration: Partnership or Private Limited?" "Justice through Review: Correcting Factual Errors to Uphold Fair Arbitration Practices."

Background of Dispute Original application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator. Appli...

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"Bombay HC Upholds Arbitral Award in Wage Dispute Over Foreclosed Railway Contract" "Conscious Waiver under Section 12(5) Bars Procedural Challenges, Rules High Court."

The case involves Parties, challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, on grounds of alleged bias an...

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Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...

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"Judgment Debtor’s Liability to Pay Interest Clarified: Deposit in Appellate Court Does Not Cease Accrual of Interest" "Bombay High Court reiterates the conditions for cessation of interest under Order XXI, Rule 1 of CPC."

This case examines the cessation of interest on a decretal amount deposited by the judgment debtor in an appellate court, rather than the executing co...

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"Supreme Court's Landmark Judgment on Arbitrator Appointment in Public-Private Contracts" "Balancing Party Autonomy and Equality in Arbitration Proceedings"

The Supreme Court examined the validity of certain arbitration appointment procedures under the Arbitration and Conciliation Act, 1996. The judgment a...