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High Court of Karnataka Allows Wife's Petition to Refer Nullity Proceedings to Mediation in Hindu Marriage Act Case — Emphasizes Mandatory Mediation Referral Under Section 12(1)(c) of Hindu Marriage Act, 1955 and Section 89 CPC.

The petitioner, Bhavana Ramaprasad, wife of Yadunandan Parthasarathy, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Provision for Review Under Arbitration and Conciliation Act, 1996. Review petition under Section 114 CPC held not maintainable against order under Sections 27(1) and 27(2) of the Act.

The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking reca...

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Supreme Court Allows Chief Information Commissioner's Appeal in RTI Case Against High Court. Section 22 of RTI Act Overrides Gujarat High Court Rules Requiring Affidavit for Third-Party Copy Requests.

The Supreme Court considered an appeal by the Chief Information Commissioner against a Gujarat High Court Division Bench order that set aside the CIC'...