Search Results for "civil suit challenging arbitration"

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Search Results for "civil suit challenging arbitration"

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High Court

Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

17 Jul 2026

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

Supreme Court

Supreme Court Dismisses Employer's Section 11(6) Petition as Abuse of Process in Wage and Termination Dispute — Disputes Under Payment of Wages Act and Industrial Disputes Act Held Non-Arbitrable.

13 Dec 2024

The appellant, Dushyant Janbandhu, was employed as an Assistant Manager by M/S Hyundai AutoEver India Pvt. Ltd. from 15 March 2019. During the COVID-1...

High Court

High Court Dismisses Writ Appeal in Cooperative Society Dispute, Upholds Single Judge's Order Directing Joint Registrar to Decide Application on Merits. Frivolous and prolonged litigation erodes faith in justice delivery system.

28 Jun 2024

The appellant, Sri G. Krishnamurthy, had been involved in a long-standing dispute with the MICO Associates Housing Cooperative Society Ltd. The appell...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

High Court

High Court of Karnataka Allows Petition Challenging Stamp Duty on Arbitrator's Interim Order. The court held that an order under Section 17 of the Arbitration and Conciliation Act, 1996 is not an 'award' under Article 11 of the Karnataka Stamp Act, 1957, and thus no stamp duty is payable.

2 Jan 2019

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

High Court

High Court of Karnataka Upholds Impounding of Arbitration Agreement for Stamp Duty Deficiency — Civil Court Must Refer to Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The court held that the arbitration agreement is an instrument subject to stamp duty, and the Civil Court, while considering an application under Section 8 of the Arbitration Act, 1940, must follow the mandatory procedure under the Karnataka Stamp Act, 1957, for impounding and reference to the Deputy Commissioner.

24 Mar 2016

The petitioner, United Precision Engineers Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging ord...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Sub-Brokerage Dispute — Upholds Appellate Bench Decision of Bombay Stock Exchange. Court holds that findings of fact by arbitral tribunal and appellate bench are not liable to be interfered with under Section 34 of the Arbitration and Conciliation Act, 1996 unless perverse or contrary to public policy.

9 Oct 2012

The petitioner, M/s. Actal, a sole proprietorship concern engaged in trading in shares, insurance, bonds, mutual funds, etc., was associated with the ...

High Court

High Court of Bombay at Goa Quashes Order Deleting Defendant Without Deciding Arbitration Application. Trial Court Cannot Delete Party Without Adjudicating Application Under Section 8 of Arbitration and Conciliation Act, 1996.

15 Sep 2010

The petitioner, M/s. GTS Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14.10.2008 passed ...

High Court

Bombay High Court Allows Appeal Against Municipal Demolition Order — Violation of Natural Justice and Lack of Notice. Court sets aside demolition of commercial structure under Section 351 of the Mumbai Municipal Corporation Act, 1888, holding that no prior notice or opportunity of hearing was given to the appellant.

30 Nov -0001

The appellant, M/s. Afsana Enterprises, a proprietorship firm, filed an appeal against an order of the Assistant Municipal Commissioner and others, ch...

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