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High Court

High Court of Karnataka Quashes District Judge's Order in Land Acquisition Arbitration — Petitioner Allowed to File Objections Under Section 34 of Arbitration Act. The court held that the District Judge's order rejecting the petitioner's application to file objections was without jurisdiction as the petitioner was not given an opportunity to file objections before the award was made rule of the court.

22 Jan 2024

The petitioner, T Younis, was the owner of land bearing Sy.No.503/A1 and 503/B2 in Amarathi village, Hospet. His land was compulsorily acquired by the...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Corporate Dispute Due to Abuse of Process and Lack of Territorial Jurisdiction. The court held that the dispute was essentially civil, involving financial transactions and agreements between corporates, and the criminal case was initiated with malicious intent, violating principles of fairness under Section 482 of the Code of Criminal Procedure, 1973.

11 Jan 2024

The Supreme Court addressed appeals challenging the dismissal of petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

Supreme Court

Supreme Court Dismisses Appeals in Electricity Procurement Dispute, Upholding High Court's Direction for Power Purchase from Successful Bidders. The Court affirmed that the Request for Proposal process under Section 63 of the Electricity Act, 2003, is binding, and the reduction of procurement quantum from 1000 MW to 500 MW was invalid, requiring adherence to original bid outcomes.

8 Jan 2024

The dispute originated from Rajasthan's initiative to procure 1000 MW of electricity through a competitive bidding process under Section 63 of the Ele...

Supreme Court

Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

4 Jan 2024

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

19 May 2023

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

18 May 2023

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

Supreme Court

Supreme Court Upholds Designation of Senior Advocates Under Section 16 Advocates Act, 1961 — Permanent Committee System Upheld. Court dismisses challenge to objective criteria and permanent committee system for designation of Senior Advocates, rejecting plea for fresh designations.

12 May 2023

The judgment pertains to a writ petition filed by Ms. Indira Jaising, a Senior Advocate, under Article 32 of the Constitution of India in 2015, challe...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Case — High Court's Referral to Arbitration Set Aside for Lack of Arbitration Agreement. Court holds that under Section 11(6A) of the Arbitration and Conciliation Act, 1996, the court must confine itself to examining the existence of an arbitration agreement and cannot refer disputes to arbitration where no valid arbitration clause exists between the parties.

12 May 2023

The Supreme Court considered appeals against a common judgment of the Delhi High Court which had referred disputes to arbitration and appointed a sole...

Supreme Court

Supreme Court Dismisses Appeal of Suspended Director Against Admission of Insolvency Petition by Canara Bank Under Section 7 of IBC. Held that a suspended director has no locus standi to challenge the admission of a Section 7 application as the corporate debtor is the proper party.

11 May 2023

The case involves an appeal by M. Suresh Kumar Reddy, claiming to be a suspended director of M/s Kranthi Edifice Pvt. Ltd. (corporate debtor), against...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Issue of Accord and Satisfaction to be Decided by Arbitrator Under Section 11(6A) of Arbitration Act, 1996. The Court held that the High Court erred in refusing appointment on ground of full and final settlement, as the limited jurisdiction under Section 11(6A) only permits examination of existence of arbitration agreement.

5 May 2023

The appellant, M/s. Shree Vishnu Constructions, entered into an agreement with the respondents (Military Engineering Service) on 22.07.2010 for constr...

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