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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Allows Revision Application and Discharges Accused in Abetment of Suicide Attempt Case. Allegations of Debt Recovery Harassment Do Not Constitute Abetment Under Section 306 IPC Read with Section 511 IPC.

The applicant, A.R. Satish, was arraigned as an accused in Criminal Revision Application No.435 of 2016 before the Bombay High Court. He was charged w...

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Supreme Court Quashes Criminal Proceedings Against Guarantors in Bank Fraud Case Due to Settlement — Wives of Main Accused with No Active Role Entitled to Relief. Settlement of Civil Dues and Lack of Specific Role Justify Quashing of Charges Under Section 482 CrPC.

The Supreme Court allowed the appeal filed by K. Bharthi Devi and another (Accused Nos. 3 and 4) against the judgment of the High Court of Judicature ...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

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Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

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High Court of Karnataka Considers Challenge to State Notification Fixing Sugarcane Price Despite Central FRP Under Essential Commodities Act. Section 6 of the EC Act Grants Overriding Effect to Central Orders Over Inconsistent State Enactments.

Multiple writ petitions were filed before the High Court of Karnataka challenging the state government's notification fixing sugarcane price and the c...

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Karnataka High Court Division Bench Hears Appeals Against Single Judge Order Quashing SARFAESI Auction Sale. Single Judge Had Canceled Sale Deed of Agricultural Land for Non-Compliance with Statutory Notice Requirements and Prohibition on Selling Agricultural Land under SARFAESI Act, 2002.

The dispute arose from a writ petition filed by a borrower challenging the auction sale of his property under the Securitisation and Reconstruction of...