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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

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Bombay High Court Hears Arguments on Constitutional Validity of Shivraj Fine Art Litho Works (Acquisition and Transfer of Undertaking) Act, 1984 — Matter Remains Undecided in Provided Text. Petitioner Contended Act Lacked Nexus with Directive Principles and Was Not Protected Under Article 31C.

The petitioners, M/s Shivraj Fine Art Litho Works, a partnership firm, challenged the constitutional validity of the Shivraj Fine Art Litho Works (Acq...

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High Court of Karnataka Hears Batch of Writ Petitions Against Karnataka State Law University and Others on LLB Admission Eligibility. Petitioners Seek Quashing of Admission Notifications and Endorsements Requiring 10+2+3 Study Pattern for Three-Year LLB Course.

This batch of writ petitions was filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging the elig...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...