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Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Dismisses Appeal of Manufacturer Challenging Turnover Tax Assessment Under Karnataka Sales Tax Act. Levy of turnover tax on total turnover including interstate sales for classification purposes is constitutionally valid and does not exceed legislative competence.

28 Mar 2019

The appellant, M/s. Achal Industries, a manufacturer and registered dealer of cashew kernels and cashew shell oil, was assessed for turnover tax under...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

Supreme Court

Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

27 Mar 2019

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

Supreme Court

Supreme Court Remands Revenue's Appeal in Income Tax Deduction Dispute for Failure to Frame Substantial Question of Law. High Court's Dismissal Set Aside as It Did Not Decide Applicability of Section 35D of the Income Tax Act, 1961 to a Bank Claiming Status as Industrial Undertaking.

15 Mar 2019

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax-8 against the judgment of the Bombay High Court dated 01.08.201...

Supreme Court

Supreme Court Allows Partial Enhancement of Compensation in Motor Accident Claim for Non-Award of Future Prospects. 40% Future Prospects Granted to Self-Employed Deceased Aged 23 Under Pranay Sethi Principles.

6 Mar 2019

The appeal arose from a motor accident claim where the deceased, Narshibhai Dhanji Sathwara, aged 23, died in a road accident on 03.02.1987. The claim...

Supreme Court

Supreme Court Enhances Compensation for Permanent Disability in Motor Accident Case — Multiplier of 18 Applied and Future Prospects Considered. The Court held that for a student victim, future earnings must be assessed based on family background, education, and career potential, not a fixed notional income.

5 Mar 2019

The appellant, M.R. Krishna Murthi, a practicing advocate, suffered a severe accident on 26th May 1988 at age 18 while traveling from Delhi to Mussoor...

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