Search Results for "Section 105 CPC"

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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

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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 Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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High Court Dismisses Commercial Appeal by Appellant Against Order Rejecting Return of Plaint Application -- Maintainability Under Commercial Courts Act, 2015 and CPC -- Jurisdiction Dispute in Commercial Suit

The High Court dismissed a commercial appeal filed against an order rejecting an application under Order VII Rule 10 of CPC seeking return of plaint o...

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

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Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

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Bombay High Court at Goa Dismisses Petitions Challenging Maintainability of Appeal Under Order XLIII Rule 1(r) CPC. Court Holds That Appeal Under Order XLIII Rule 1(r) CPC Lies Against Orders Under Order XXXIX Rule 1 CPC, Including Those Not Expressly Granting or Refusing Injunction.

The petitioners, Augusto T. D'Souza and Ana D'Souza, filed writ petitions in the High Court of Bombay at Goa challenging an order dated 01/12/2012 pas...