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Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...

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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

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Gujarat High Court Allows Appeal and Enhances Compensation for Pillion Rider Death in Motor Accident Claim. Pillion Rider Cannot Be Held Contributorily Negligent for Rider's Sudden Braking; Compensation Enhanced Under Motor Vehicles Act, 1988.

The appeal arose from a judgment and award dated 10.07.2024 of the Motor Accident Claims Tribunal (Aux.) Mahisagar at Lunawada in M.A.C.P. No. 84 of 2...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Mortgage Fraud Suit. Civil Court Has Jurisdiction to Entertain Suit Challenging Mortgage Deed as Fraudulent Despite Arbitration Clause in Loan Agreement.

The respondent, Smt. Suman Ikhankar, filed a civil suit (R.C.S. No. 220/2011) against the applicant, Indiabulls Housing Finance Limited, and two other...

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High Court of Karnataka Quashes Executing Court's Orders on Stamp Duty Calculation for Arbitration Award Execution. Stamp duty on award under Article 11(b) of Karnataka Stamp Act, 1957 is payable on principal amount only, not on interest and costs.

The petitioner, Shriram City Union Finance Ltd., a finance company, had initiated arbitration proceedings against the respondents for recovery of an o...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Owner Cannot Claim Against Himself. Claim by Mother of Deceased Maintainable as She is a Legal Representative Under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 23.10.201...