Search Results for "Section 8"

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Search Results for "Section 8"

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High Court

High Court of Karnataka Sets Aside Order Relegating Plaintiff to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Non-Signatory to Arbitration Agreement Cannot Invoke Section 8 Against Willing Party. Amendment to Section 8 in 2016 is Procedural and Retrospective, But Does Not Confer Right on a Non-Party to Compel Arbitration.

17 Mar 2021

The petitioner, Smt. Sushma Swaraj, filed a suit for specific performance (O.S. No. 458/2014) against M/s Blue Valley Properties Pvt. Ltd. (1st defend...

High Court

High Court of Karnataka Allows Appeal Under Section 37(1)(a) of Arbitration Act Against Rejection of Section 8 Application in Salary Recovery Suit. Employer's Application for Reference to Arbitration Allowed as Employment Contract Contained Arbitration Clause.

5 Nov 2020

The respondent, Mohan Kumar Thakur, filed a suit for recovery of salary dues and other amounts totaling Rs. 66,13,717/- with interest against his empl...

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

High Court of Karnataka Dismisses Writ Petition Challenging Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Filing of Written Statement Does Not Waive Right to Seek Arbitration.

3 Jun 2019

The petitioner, M/S Alang Metal Exim Pvt. Ltd., filed a money suit (O.S.No.3749/2013) against the respondents, MSTC Limited and The Fertilizers & Chem...

High Court

Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

21 Jan 2019

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

High Court

Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

5 Aug 2013

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

High Court

Bombay High Court Dismisses Petition Challenging Reference to Arbitration in Development Dispute. Presence of Non-Signatory CIDCO Does Not Bar Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 When No Claim Is Made Against It.

1 Aug 2013

The petitioner, Shri Narayan Shankar Thakur, filed Special Civil Suit No.252 of 2008 seeking specific performance of a Development Agreement dated 14....

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Arbitration as Shareholders Agreement Contains Valid Arbitration Clause. The court held that the respondents, being parties to the shareholders agreement, must be referred to arbitration despite the petitioner not being a party to that agreement.

4 Oct 2012

The petitioner, Rohini Industrial Electricals Limited, filed an Arbitration Petition under Section 8 of the Arbitration and Conciliation Act, 1996, se...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Modifying Shares and Granting Share in Dwelling House to Female Heirs. The Court held that daughters are entitled to a share in the dwelling house under Hindu Succession Act, 1956, and recalculated shares based on the correct application of Section 8.

4 May 2005

The case involves a partition suit filed by the original plaintiffs, including Ratnabai (widow of Hiru) and Baban (son of Hiru), against the defendant...

High Court

Bombay High Court Allows Arbitration Appeals and Interim Applications in Developer Dispute — Upholds Appointment of Arbitrator Despite Alleged Non-Signatory Status. Court holds that non-signatory to an arbitration agreement can be referred to arbitration under the 'group of companies' doctrine and Section 8 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The judgment arises from two arbitration appeals and two interim applications filed before the Bombay High Court. The appellants, Arvind Ratanchand Ja...

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