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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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Supreme Court Allows NCDC's Appeal in Income Tax Dispute Over Deduction of Grants as Revenue Expenditure. Grants disbursed by a statutory corporation as part of its business are deductible under Section 37 of the Income Tax Act, 1961, regardless of the capital nature of the source funds.

The National Co-operative Development Corporation (NCDC), established under the National Co-operative Development Corporation Act, 1962, is a statutor...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

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Bombay High Court Allows Appointment of Arbitrator in MOU Dispute Between Developer and Public Trust. Arbitration Clause in MOU dated 16 June 2011 Held Valid and Binding Despite Non-Formation of Special Purpose Entity.

The petitioner, M/s. Devike Constructions and Developers Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, s...

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Bombay High Court Allows Writ Petition Challenging Revenue Entries in Mutation Proceedings — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Decide Based on Possession and Revenue Records, Not Title Disputes.

The petitioners, Navin Popatlal Shah and Nitin Sundraji Shah, filed a writ petition under Article 226 of the Constitution of India before the Bombay H...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Contract Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction under Order 39 Rules 1 and 2 CPC.

The Appellant, Chitali Bottling Limited, filed a Special Civil Suit No.95 of 2020 before the 19th Joint Civil Judge, Senior Division, Pune, seeking a ...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue.

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an...