Search Results for "Severability"

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Bombay High Court Quashes Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

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Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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Bombay High Court Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra.

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliat...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Bombay High Court Dismisses Challenge to MPDA Detention Order Based on Severability of Grounds and Absence of Period in Initial Order. Detention Order Upheld as Past History Ground is Severable Under Section 5A, and Omission of Period in Initial Order Does Not Vitiate Detention.

The petitioner, detained under the Maharashtra Prevention of Dangerous Activities Act, 1981, challenged the detention order dated 22.08.2017 passed by...