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Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

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Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

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High Court of Karnataka Hears Regular First Appeal Challenging Decree for Specific Performance of Sale Agreement — Appellants Argue Time Was Essence of Contract and Plaintiff Defaulted on Payment. The Court Frames Issues on Time Essence and Plaintiff's Continuous Readiness and Willingness to Perform.

The case arose from a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 25.04.20...

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Madras High Court Dismisses Appeal by Plaintiff in Suit for Recovery of Money Due to Lack of Sufficient Evidence. Partnership Firm's Claim for Fabric Supplies Fails as Plaintiff Could Not Prove Exact Amount Due.

Textile Connection, a partnership firm, filed C.S.No.29 of 2000 seeking a decree for Rs.39,67,144 with interest at 24% per annum from the defendants, ...

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High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...