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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Bombay High Court Allows Appointment of Arbitral Tribunal in EPC Contract Dispute — Respondent Failed to Respond to Invocation of Arbitration Clause. Court Appoints Sole Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 as Respondent Did Not Object to Appointment Despite Notice.

The applicant, Vedanta Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitra...

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Bombay High Court Reserves Judgment in Letters Patent Appeal Filed by Terminated Employees Against Single Judge's Order. Model Standing Orders Dispute: Whether Rule 32 Excludes Clause 4A Protection for Probationers Who Were Initially Trainees.

This Letters Patent Appeal arose from the dismissal of a writ petition by a Single Judge of the Bombay High Court, which had upheld the termination of...

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Bombay High Court Full Bench Considers Validity of Rule Excluding Full-Time Salaried Assistant Public Prosecutors from District Judge Appointments. The case concerns interpretation of 'advocate' under Article 233(2) of the Constitution and consistency with Supreme Court precedent.

The Full Bench of the Bombay High Court heard a reference arising from a writ petition filed by six Assistant Public Prosecutors employed on a full-ti...