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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Supreme Court Upholds Territorial Limitation of Sales Tax Exemption After State Bifurcation. Benefit of exemption/deferment granted under unified Madhya Pradesh is confined to the state where the industrial unit is located and does not extend to inter-state transactions with the other successor state.

The Supreme Court considered a batch of appeals arising from the bifurcation of the State of Madhya Pradesh into the reorganised State of Madhya Prade...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

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Bombay High Court Delivers Oral Judgment on Petitions Challenging SEBI's Show Cause Notices to Auditors of Satyam Computers. Question of SEBI's Jurisdiction under Sections 11, 11B, and 11(4) of SEBI Act Raised in Wake of Satyam Fraud Disclosure.

The matter arose from writ petitions filed by Price Waterhouse & Co. and other chartered accountant firms along with individual partners challenging t...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...

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Bombay High Court Quashes FIR and Orders Compensation for Unauthorized Sealing of Cable Network Control Room — Police Action Without Statutory Authority Violates Fundamental Rights Under Article 19(1)(g) of Constitution of India.

The petitioners, a partnership firm running a cable television network under the name U.S.A. Cable Networks and its members, filed a writ petition und...