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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

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Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come wi...

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Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

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High Court of Bombay, Nagpur Bench, Overturns Conviction Under Section 302 IPC, Citing Flaws in Prosecution’s Case and Unreliable Witness Testimony. Acquittal in Murder Case Due to Lack of Convincing Evidence and Benefit of Doubt

Delay in FIR and Suppression of Information:– The court held that the delay in lodging the FIR and suppression of initial information raised serious...

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Bombay High Court – Writ Petition Dismissed Due to Non-Compliance with Pavitra Portal Procedure

Appointment of Assistant Teacher Without Following the Prescribed Procedure Under Pavitra Portal Held Illegal – Rule 9(2-A) and 9(2-B) of MEPS Rules...

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Aakarphod Patrak Not a Document of Title: Bombay High Court Dismisses Writ Petition Challenging Land Sub-Division Order. Court Holds Hissa Form No. 4 Does Not Confer Title; Upholds Minister’s Decision Declaring Aakarphod Patrak No. 12 of 1968 as Infructuous

Aakarphod Patrak/Hissa Form No. 4 – The Bombay High Court held that Aakarphod Patrak or Hissa Form No. 4 (based on the Gunakar Book) does not...