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Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...

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Bombay High Court Allows Writ Petitions Challenging Demand of VAT on Pan Masala Containing Tobacco under MVAT Act, 2002. Exemption Under Schedule Entry A-45 Upheld and Part Payment Orders Quashed as Explanation Inserted by Notification dated 21.01.2006 Held Ultra Vires.

The dispute arose under the Maharashtra Value Added Tax Act, 2002 regarding the levy of VAT on pan masala containing tobacco (gutkha/mawa) for the fin...

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Bombay High Court Dismisses Petition Challenging Reference Under Section 10(1) of Industrial Disputes Act at Instance of Unrecognized Union. Contract Labour Workmen Can Raise Industrial Dispute Through Any Union, Recognized or Not, Under Section 10(1) of Industrial Disputes Act, 1947.

The petitioner, Bharat Forge Limited, a company engaged in manufacturing forgings, challenged the validity of a reference made by the Additional Commi...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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High Court of Karnataka Reviews Challenge to CCI Investigation Order in Online Marketplaces Case — Petitioners Contend Lack of Prima Facie Opinion and Appreciable Adverse Effect on Competition Under Section 26(1) of Competition Act, 2002.

The dispute involves writ petitions filed by Amazon Seller Services Private Limited and Flipkart Internet Private Limited, challenging an order dated ...