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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Bombay High Court Allows Section 11(6) Application and Appoints Sole Arbitrator in Property Sale Dispute. Arbitration clauses in MOU and Agreement for Sale held prima facie valid, and dispute referred to arbitration despite respondent's objection regarding non-signing of agreement.

The applicant, Bhupinder Singh Balwant Singh, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

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Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Property Dispute — Petitioners Failed to Establish Title or Possession. Court Held That Mutation Entries Do Not Confer Title and That Civil Suit Is Appropriate Remedy for Title Disputes.

The judgment pertains to a group of writ petitions filed by members of the Shirole family challenging a mutation entry in the revenue records of a pro...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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High Court of Karnataka Appoints Arbitrator in Commercial Lease Dispute — Failure to Nominate Arbitrator Despite Arbitration Clause. Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, where a party fails to appoint an arbitrator, the court may appoint one.

The petitioner, Satyam Cineplexes Limited, a company engaged in managing multiplex cinema halls, entered into a Memorandum of Understanding (MOU) on 1...

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High Court of Karnataka Hears Writ Petitions Challenging Karnataka On-Demand Transportation Technology Aggregators Rules, 2016. Petitioners Allege Rules Are Ultra Vires Motor Vehicles Act, 1988 and Violate Fundamental Rights.

The writ petitions arose from the notification of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, by the State Government o...

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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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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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Supreme Court Allows Appeal of Employer in Arbitration Dispute, Restoring Award in Favor of Contractor. Award Not Vague or Uncertain; Arbitrator Permitted to Give Lump Sum Award Combining Admitted Sum and Additional Sum for Remaining Claims, Under Arbitration Act, 1940.

This case involved a dispute arising from a building contract between the appellant, the Union of India, and the respondent, a contractor, concerning ...