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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Supreme Court Dismisses Appeals of Generating Company and State Utility in Electricity Tariff Dispute. Deemed Generation Incentive Not Payable After 1995 Notification; Supplementary Agreement Bars Retrospective Interest on Deemed Loan.

The Supreme Court dismissed two appeals arising from a common order of the Appellate Tribunal for Electricity (APTEL) concerning a power purchase agre...

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Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

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High Court Allows Appointment of Arbitrator in Joint Development Agreement Dispute Despite Unstamped Agreement. Arbitration Clause Held Separable and Enforceable Under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioners, Mr. M.N. Kumar, Mr. R. Venkata Krishna, and Mr. C.S. Mohan, filed a Civil Miscellaneous Petition under Section 11(5) of the Arbitrati...

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High Court of Karnataka Allows Petition Under Section 11 of Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator in Joint Development Agreement Dispute. Memorandum of Agreement dated 14.06.2012 Contains Valid Arbitration Clause.

The petitioners, three individuals, filed a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award in Commodity Trading Dispute — Holds That Arbitral Tribunal Erred in Rejecting Claim for Unauthorized Trades Without Considering Evidence of Unauthorized Transactions.

The petitioner, Mrs. Kaberi Mondal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging portions of an arbitr...