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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Hears Appeal Against Decree on Admission in Commercial Suit — Decree for Rs.4.25 Crores Granted on Alleged Admission in Claim for Rs.22.66 Crore

The appeal arises from an order dated 28 April 2023 passed by a learned Single Judge of the Bombay High Court in Notice of Motion No. 2393 of 2019 in ...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Upholds Maintenance Tribunal's Order Declaring Gift Deeds Void Under Senior Citizens Act, 2007. Son's Failure to Provide Basic Amenities to Father Constitutes Neglect Under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner, Nitin Rajendra Gupta, challenged an order dated 31 October 2022 passed by the Maintenance Tribunal under the Maintenance and Welfare o...

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Bombay High Court Quashes MACT Award Due to Lack of Proper Representation in Lok Adalat Settlement — Matter Remanded for Fresh Adjudication. Insurance Company Not Duly Represented at Settlement Before Lok Nyayalaya, Rendering the Award Invalid Under Motor Vehicles Act, 1988.

The New India Assurance Company Limited filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and order dat...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...