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COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024

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Supreme Court Rejects State's Application to Withhold DRCs/TDRs in Contempt Proceedings for Wilful Disobedience of Orders. Contemnors Directed to Release DRCs/TDRs to Complainants Despite Pending Civil Appeals and Review Petitions.

The Supreme Court was hearing a batch of contempt petitions alleging wilful disobedience of its orders dated 21.11.2014, 17.05.2022, and 19.03.2024. T...

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Bombay High Court Dismisses Society's Petition Challenging Membership of Garage Owners. Co-operative Housing Society Cannot Deny Membership to Garage Owner Under Section 22 of Maharashtra Co-operative Societies Act, 1960 Despite Bye-law Restriction.

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged the orders of the Deputy Registrar and Divisional Joint Registrar dir...

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Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...

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Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Allows CMDA Appeal in Premium FSI Charges Dispute — Guideline Value Prevailing on Date of Approval Governs Levy. Builder's Application for Additional FSI Does Not Confer Right to Pre-Revised Rate.

The appellant, Chennai Metropolitan Development Authority (CMDA), challenged the judgment of the Division Bench of the Madras High Court which directe...