Search Results for "Civil Jurisdiction"

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Bombay High Court Allows Appointment of Arbitrator in Leave and License Agreement Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Court Holds That Existence of Arbitration Clause and Disputes Justify Appointment, Leaving Issues of Limitation and Validity to Arbitrator.

The applicant, Bafna Motors Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

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Bombay High Court Adjourns Anti-Suit Injunction Appeal Against Bank — No Ad-Interim Relief Granted Pending Reply. Court Considers Whether Indian Court Can Restrain Foreign Proceedings When Foreign Decree Would Be Executable in India Under CPC Sections 13, 14, 44A.

The appeal arises from an order dated 25 November 2013 passed by the City Civil Court, Greater Mumbai, refusing to grant ad-interim relief in an anti-...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Dismisses Petitioners' Writ in ULCR Act Land Possession Dispute; Civil Court Jurisdiction to Determine Factual Possession Holds, Not Ousted by Section 33(3) of Urban Land (Ceiling & Regulation) Act, 1976

The writ petition arose from proceedings under the Urban Land (Ceiling & Regulation) Act, 1976, concerning surplus vacant land in Mumbai. The petition...