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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Hears Appeal on Section 9A CPC Issue Concerning Land Rights. Court Considers Whether Trial Court Must Decide Jurisdiction Application Before Interim Relief in Suit Involving Salsette Act and Land Revenue Code.

The appeals from order were heard finally at admission stage on a preliminary issue raised by the appellant under Section 9A of the Code of Civil Proc...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

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High Court of Karnataka Considers Bail Applications of Accused Persons in Murder Case Registered at Kamakshipalya Police Station. Petitioners, Accused of Offences Including Murder and Kidnapping, Seek Regular Bail After Rejection by Sessions Court Under Section 439 of Code of Criminal Procedure, 1973.

The High Court of Karnataka at Bengaluru heard a batch of criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (and Sect...

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Bombay High Court Sets Aside Family Court’s Rejection of Amendment to Written Statement; Allows Counterclaim in Matrimonial Dispute. Court Holds Counterclaim Not Barred by Delay if Filed Within Three-Year Limitation Under Article 113, Limitation Act, 1963.

The petitioner wife filed a writ petition under Article 227 of the Constitution of India challenging the Family Court's order rejecting her applicatio...

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Supreme Court Holds Section 13(2)(a) of Consumer Protection Act, 1986 is Directory — District Forum Can Extend Time for Filing Reply Beyond 45 Days in Exceptional Circumstances. The 30-day period for filing reply commences from receipt of notice by the opposite party.

The Supreme Court Constitution Bench addressed two questions referred regarding Section 13(2)(a) of the Consumer Protection Act, 1986. The first quest...