Search Results for "Prothonotary order"

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Search Results for "Prothonotary order"

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High Court

Bombay High Court Partially Sets Aside Arbitral Award in International Commercial Arbitration for Violation of Natural Justice and Patent Illegality. The court found that the arbitrator relied on unproved documents and denied adequate opportunity to the petitioner, warranting setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jan 2023

The petitioner, Thomas Cook (India) Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral a...

High Court

Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Fresh Material — Mere Change of Opinion Not Sufficient for Reassessment Under Section 147 of Income Tax Act, 1961. The court held that the assessing officer cannot reopen an assessment under Section 147 based on the same return already processed under Section 143(1) without any new tangible material, as it would amount to a mere change of opinion.

14 Dec 2018

The petitioner, an individual, filed his return of income for Assessment Year 2013-14 declaring total income of Rs. 65,51,360/-. The return was accept...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.

15 Oct 2024

The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...

High Court

Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

9 Sep 2019

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

High Court

Bombay High Court Allows MCGM's Appeal Against Arbitrator's Dismissal of Counter Claim at Threshold - Limitation for Counter Claim in Arbitration. The court held that the Arbitrator erred in dismissing the counter claim on limitation without a full trial, as the counter claim related to the same contract and was filed before conclusion of proceedings.

21 Jan 2020

The Municipal Corporation of Greater Mumbai (MCGM) appealed against an order of a sole Arbitrator dated 23rd June 2009 dismissing its Counter Claim at...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Advertising Contract Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails. Court Held That Arbitrator's Findings on Breach and Quantum Were Not Patently Illegal or Against Public Policy.

8 Jan 2013

The petitioner, M/s Maneesh Pharmaceuticals Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ar...

High Court

Bombay High Court Quashes Removal of Employee in Coal India Service Dispute — Violation of Natural Justice as No Inquiry Held Before Dismissal Based on Self-Declaration. Rule 34(1)(ii) of Coal India Executives Conduct, Discipline and Appeal Rules, 1978 Requires Inquiry Before Penalty of Removal.

5 Mar 2010

The petitioner, Shri Sheopurari Singh, was employed as Deputy General Manager (Vigilance) in M-1 Grade at the Vigilance Department of Western Coalfiel...

High Court

Bombay High Court Hears Appeal Under Section 37 of Arbitration Act Challenging Arbitral Award. Dispute Related to Charter Hire Agreement for Offshore Drilling, Involving Claims for Lost Equipment, Day Rates, and Demobilisation Fees.

20 Dec 2014

The Bombay High Court considered an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Oil and Natural Gas Corporation Lt...

High Court

Bombay High Court Allows Admiralty Suit for Bunker Supply Claim Against Foreign Vessel. Supply of bunkers to vessel 'LIMA II' held to be a maritime claim within admiralty jurisdiction, and arrest of vessel justified.

8 Nov 2006

The plaintiff, Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi, a Turkish company engaged in the supply of bunkers, filed a...

High Court

Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

29 Oct 2015

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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