Search Results for "conciliation under CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "conciliation under CPC"

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Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

High Court

Bombay High Court Holds Revision Under Section 115 CPC Not Maintainable Against Small Causes Court Decree Under Section 26A of Provincial Small Cause Courts Act, 1887; Writ Under Article 227 Is Maintainable. The court resolved a conflict between two single judge decisions regarding the remedy available against decrees passed under Section 26A of the Provincial Small Cause Courts Act, 1887.

7 Dec 2016

The case involved two writ petitions placed before a larger bench due to a conflict of decisions by single judges of the Bombay High Court regarding t...

Supreme Court

Supreme Court Allows Appeal in Insurance Arbitration Limitation Dispute — Exclusion of Time Under Section 14 Limitation Act Granted for Representation After Return of Petition. The Court held that the time spent in bona fide proceedings before a court lacking jurisdiction can be excluded, and the delay in re-presentation beyond the fixed date was not fatal.

3 Oct 2019

The appellant insurance company issued a fire insurance policy to the respondent company for Rs.70,00,000. A fire occurred on 23.04.2000. The insurer ...

High Court

Madras High Court Allows Revision Petition Challenging Return of Section 34 Petition for Lack of Jurisdiction — Holds That Exclusive Jurisdiction Clause in Contract and Prior Section 9 Filing at Salem Confer Jurisdiction on Salem Courts Under Section 42 of Arbitration and Conciliation Act, 1996.

21 Apr 2026

The revision petitioner, Waterbury Farrel, a division of Magnum Integrated Technologies Inc., Canada, filed Arb.O.P.No.103 of 2019 before the Principa...

High Court

Bombay High Court Allows Post-Award Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award — Disclosure of Assets and Injunction Granted to Prevent Frustration of Award. Court Holds That Post-Award Relief Under Section 9 Is Maintainable and Orders Disclosure of Assets Under Order XXI Rule 41 CPC, Appointment of Court Receiver, and Freezing of Bank Accounts to Secure the Award Amount.

11 Aug 2021

The petitioner, Tulika Devidayal, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking post-award relief to enforce ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

High Court of Karnataka Adjudicates Multiple Petitions Under Section 11 of Arbitration Act for Appointment of Sole Arbitrator in Loan Agreements. Petitions Filed by Financial Services Company Against Borrowers Under Loan and Security Agreements Containing Clause 21 Arbitration Clause.

30 Sep 2022

The petitions were filed by Caterpillar Financial Services India Private Limited, a company incorporated under the Companies Act, 1956, against variou...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

Supreme Court

Supreme Court Strikes Down Section 87 of Arbitration Act as Unconstitutional — Automatic Stay of Arbitral Awards Revived by 2019 Amendment Held Arbitrary and Violative of Article 14. The court held that the provision reintroducing automatic stay upon filing of a Section 34 application is manifestly arbitrary and contrary to the object of the 2015 Amendment Act.

27 Nov 2019

The judgment concerns a batch of writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, i...

High Court

High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

13 Mar 2014

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

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