Search Results for "distribution agreement"

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Supreme Court

Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

18 Mar 2025

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Jurisdictional Ruling in Distributor Agreement Dispute. Arbitration Clause Not Extended by Conduct Despite Continued Commercial Dealings Post-Expiry of Two-Year Term.

21 Feb 2025

The case involves an appeal under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996, filed by Raymond Limited against an order of the lea...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Supreme Court

Supreme Court Allows Revenue's Appeal in Capital Gains Tax Case — Revaluation and Credit to Partners' Capital Accounts Constitutes Transfer Under Section 45(4) of Income Tax Act, 1961. The Court held that revaluation of assets and crediting the surplus to partners' capital accounts in a reconstituted firm amounts to distribution of capital assets, attracting capital gains tax under Section 45(4), and overruled the applicability of Hind Construction Ltd. to post-1988 amendments.

24 Nov 2022

The case involves appeals by the Revenue against the judgment of the Bombay High Court which dismissed the Revenue's appeals and confirmed the ITAT's ...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Sole Arbitrator in Software Distribution Dispute — Pre-Arbitration Amicable Resolution Clause Held Directory. Clause 17 of the Software Distribution Agreement dated 2nd April 2011 provides for arbitration; court appoints sole arbitrator despite non-compliance with 30-day discussion period.

5 Jun 2020

The petitioner, Quick Heal Technologies Limited, filed an Arbitration Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seek...

Supreme Court

Supreme Court Upholds State's Power to Fix Higher Sugarcane Price in Conflict Resolution Between Constitution Benches. State Advised Price (SAP) is Valid and Not Repugnant to Central Minimum Price Under Essential Commodities Act, 1955 and Sugarcane (Control) Order, 1966.

22 Apr 2020

The Supreme Court considered a reference from a three-judge bench regarding an alleged conflict between two Constitution Bench decisions: Ch. Tika Ram...

High Court

Bombay High Court Dismisses Writ Petition Challenging Injunction in Electricity Act Dispute — LILO Scheme Not a 'Works' Under Section 164. Court holds that LILO scheme does not constitute 'laying of electric lines' under Section 164 of the Electricity Act, 2003, and that the District Judge correctly upheld the injunction against the petitioner.

9 Jan 2019

The petitioner, Century Rayon Limited, challenged an order dated 28 June 2018 passed by the learned District Judge-4, Kalyan, dismissing its Miscellan...

High Court

Bombay High Court Allows Writ Petition in Electricity Dues Dispute — Transferee Not Liable for Predecessor's Arrears Beyond Six Months Under MERC Regulations 2005. The court held that under Regulation 10.5 of the MERC (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005, a transferee is liable only for six months of unpaid electricity charges, not the entire arrears.

16 Sep 2011

The petitioner, M/s. Namco Industries Pvt. Ltd., filed a writ petition under Article 226 of the Constitution seeking a direction to the Maharashtra St...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

4 Mar 2010

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

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