Search Results for "Arbitral Tribunal Jurisdiction"

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Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

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Karnataka High Court Allows Writ Petition; Sets Aside Order of Chief Commissioner of Income Tax Rejecting Condonation of Delay Under Section 119(2)(b) of Income Tax Act. Compensation for Land Acquisition Exempt under RFCTLARR Act Not Considered by Revenue; Matter Remanded for Fresh Decision.

The petitioner, the widow of the deceased assessee, sought condonation of delay in filing the income tax return for the assessment year 2022-23. Her h...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator in Construction Contract Dispute. Work Order Containing Arbitration Clause Constitutes Valid Arbitration Agreement Between Contractor and Property Owner.

The petitioner, M/s. Shilpi Constructions Engineers & Contractors, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, se...

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Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided.

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming m...

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Madras High Court Dismisses Review Petitions in Arbitration Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the judgment in Maula Bux v. Union of India was not applicable to the facts of the case.

The case involves two review applications filed under Order XIV Rule 8 of O.S. Rules read with Order XLVIII Rule 1(a) and Section 114 of the Code of C...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Agreement Dispute, Holding Claim Time-Barred. Court Refuses to Condon 15-Day Delay Under Section 5 of Limitation Act, 1963, Relying on HPCL Bio-Fuels and Emphasizing Need for Exceptional Circumstances.

The dispute arose from a Development Agreement dated March 31, 2016 between the applicant-developer and the respondent-cooperative housing society for...