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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

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Reassessment Notice Under Section 148 of the Income-tax Act, 1961 — Bombay High Court Quashes Reassessment Proceedings

Jurisdictional Error — Absence of Fresh Tangible Material — Change of Opinion — Issue Pending Before Tribunal — Reassessment Proceedings Held ...

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Bombay High Court — Section 11 of the Arbitration and Conciliation Act, 1996 — Whether a limited liability partnership (LLP) not being a signatory to the LLP Agreement can still be made a party to arbitration proceedings arising out of the agreement.

a) An LLP, though not a signatory, is inherently connected to the LLP Agreement and its arbitration clause. b) The LLP’s operations and the partners...

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Bombay High Court – Income Tax – Remission of Matter to Dispute Resolution Panel (DRP) – Costs Imposed on Petitioner. Failure to inform the Assessing Officer of pending objections before the Dispute Resolution Panel led to the setting aside of the assessment order with costs imposed.

The Court exercised its discretion in setting aside the assessment order due to the Petitioner’s procedural lapse, emphasizing that such indulgence ...

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Supreme Court Upholds Enforceability of Public Procurement Policy for Micro and Small Enterprises (MSEs) – Directs Review of Minimum Turnover Clauses in Tenders

Court Emphasizes Statutory Duty of Government to Procure 25% from MSEs – Guidelines Issued for Effective Implementation of Procurement Policy T...

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National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

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Supreme Court Interprets MSMED Act for Dispute Resolution Rights. Clarifying whether unregistered MSMEs under Section 8 can invoke arbitration under Section 18.

Remedies Under the MSMED Act, 2006 Unrestricted by Prior Registration Whether an enterprise not registered under Section 8 of the Micro, Small, and M...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...

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Supreme Court Holds Dispute Resolution Clause in Municipal Concession Agreements Constitutes Mediation, Not Arbitration. Article 20 of Concession Agreements Prescribes Mediation by Commissioner, Lacking Essential Elements of Arbitration Clause.

The Supreme Court of India heard three civil appeals arising from separate proceedings before the Delhi High Court, all concerning the interpretation ...