Search Results for "1996 Protocol"

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High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Dismisses PIL Seeking Compensation for COVID-19 Death at Jalgaon Civil Hospital, Finds No Negligence. Death due to COVID-19 does not automatically imply medical negligence; hospital followed standard protocols.

The judgment arises from a Public Interest Litigation filed by Pratibha Shinde, President of Lok Sangharsh Morcha, along with two other petitioners, s...

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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 Appeal in Medical Negligence Case Due to Lack of Monitoring in Dengue Treatment. Failure to Monitor Hematocrit and Platelet Levels Constitutes Negligence Despite Following Fluid Protocol.

The case pertains to a medical negligence claim arising from the death of Madhu Manglik, the spouse of the appellant Arun Kumar Manglik, who was admit...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...