Search Results for "Binding Judgment"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Binding Judgment"

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High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

3 Mar 2017

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

High Court

Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

14 Jun 2013

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

Supreme Court

Supreme Court Upholds Seniority of Regularized Ad Hoc Employees in Service Law Dispute Based on Binding Judgment Principle. The Court affirmed that a final judgment on seniority binds the parties involved, protecting their rights even if later overruled, under Rule 9 of the Punjab Civil Secretariat (State Service Class III) Rules 1976 and constitutional writ jurisdiction.

28 Sep 2021

The dispute originated from the appointment of clerks in the Punjab Civil Secretariat on an ad hoc basis in 1975-1976, who were regularized in 1977 un...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

Supreme Court

Supreme Court Reviews Its Own Judgment That Struck Down Ex Post Facto Environmental Clearance Notifications Under Environment (Protection) Act. Review Petition Seeks Recall Citing Overlooked Binding Precedents.

1 Jan 1970

Background: The present matter is a review petition arising from the Supreme Court's judgment in Vanashakti v. Union of India, dated 16 May 2025, whic...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Commercial Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996. Clause 32 of Work Order Held to Contain Valid Arbitration Agreement Despite Ambiguous Wording.

25 Oct 2018

The applicant, M/s. Jay Bhagwati Construction Co., a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Allows Appointment of Arbitrator in Arbitration Petition Under Section 11 of the Arbitration and Conciliation Act, 1996 — Dispute Arising from Work Contract for Construction of Canal. Clause 30.1 of General Conditions Constitutes an Arbitration Agreement and Disputes Are Not Excepted Matters.

13 Aug 2021

The petitioner, M/s F.A. Enterprise, a registered partnership firm, filed an arbitration petition under Section 11 of the Arbitration and Conciliation...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

24 Apr 2015

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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