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Bombay High Court Dismisses Challenge to Arbitral Award on Liquidated Damages in Construction Contract Dispute. Court Upholds Arbitrator's Finding of Delay and Quantification of Liquidated Damages Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, M/s B.E. Billimoria & Co. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging part of a...

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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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Madras High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Plaintiff's Claim of Bonafide Purchase Fails as Prior Decree in O.S.No.34 of 1984 Was Binding and Sale Deeds Were Executed During Pendency of Litigation.

The appellant, H.Prema Devakumari, was the unsuccessful plaintiff in a suit for declaration and injunction. She claimed to have purchased plot No.9 fr...

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...