Search Results for "section 34"

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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 "section 34"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

High Court of Bombay at Aurangabad Dismisses Writ Petition by BSNL Against Arbitral Award — Challenge to Award Under Section 34 of Arbitration and Conciliation Act, 1996 Not Maintainable as Petition Filed Beyond Limitation and Without Proper Grounds. The court held that the writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 is available, and the petition was filed beyond the limitation period without any application for condonation of delay.

3 Dec 2013

The petitioner, the General Manager of Bharat Sanchar Nigam Ltd. (BSNL), filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

High Court of Bombay at Aurangabad Allows Civil Revision Application in Arbitration Matter — Section 34 Application Maintainable Only Before Court Having Jurisdiction Over Arbitration. Territorial jurisdiction for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is determined by the court which would have jurisdiction over the arbitral proceedings, not the place of business of the award-holder.

21 Nov 2013

The petitioner, M/s Bhandari Udyog Limited, a company based in Raichur, Karnataka, entered into a contract with the second respondent, Indira Sahakari...

High Court

Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Court Upholds Award of Mesne Profits and Rejection of Set-Off Claim Under Specific Relief Act and Partnership Act

22 Oct 2013

The case involves three writ petitions filed by M/s Resources International, Mr. Dipak M. Rajani, Mrs. Meena D. Rajani, and M/s Resourceful Earthmover...

High Court

Bombay High Court Allows Appeal by Indian Oil Corporation in Dealership Dispute — Restores Arbitral Award. The court held that the Single Judge exceeded jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 by reappreciating evidence and substituting his own view for the arbitrator's plausible findings.

10 Oct 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 25 March 2013, which set aside an arbitral award under Secti...

High Court

Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

27 Sep 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

High Court

Bombay High Court Dismisses Appeal Against Order Holding Lack of Jurisdiction to Entertain Section 34 Petition Under Arbitration and Conciliation Act, 1996 — Lease Agreement's Arbitration Clause Referred to Arbitration Act, 1940, But Court Applies Section 2(4) of 1996 Act to Determine Jurisdiction Based on Seat of Arbitration.

26 Sep 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 23 January 2013, which held that the Bombay High Court had n...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stock Exchange Dispute — Limitation Period Under Bye-law 252(2) Starts from Date of Last Transaction, Not Subsequent Meetings. Claim for Rs. 78.63 lakhs arising from debit of Rs. 1.17 crores on 12 February 2008 held barred by limitation as claim was not filed within six months of last transaction.

25 Sep 2013

The appeal arose from a judgment of a learned Single Judge dated 1 October 2012 dismissing a petition under Section 34 of the Arbitration and Concilia...

High Court

High Court of Bombay at Goa Allows Appeal for Interest on Delayed Compensation in Land Acquisition Case — Appellant Entitled to Interest from Date of Award Despite Dispute Among Co-Heirs. Interest under Section 34 of Land Acquisition Act, 1894 accrues from date of award, and suit for recovery filed within limitation after payment of principal.

21 Sep 2013

The case involves an appeal by Shri Lazaro Reginaldo Steivan Amyn de Souza against the State of Goa and the Deputy Collector/LAO, challenging the dism...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Demurrage Dispute — Engine Trouble Does Not Suspend Laytime Under Charterparty. Charterer's claim for exclusion of time due to vessel's engine problem rejected as laytime had already commenced and no exception clause applied.

19 Sep 2013

The dispute arose from a Charterparty dated 15 November 2010 between Steel Authority of India Ltd. (charterer/appellant) and Pacific Gulf Shipping Co....

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