Search Results for "implied exclusion"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "implied exclusion"

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High Court

Bombay High Court Allows Arbitration Petition and Interim Application — Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 — Dispute over export credit insurance claim repudiation. The court held that at the stage of Section 11, only the existence of an arbitration agreement is to be examined, not the merits or limitation.

15 Oct 2025

The petitioner, ECGC Limited, filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, along with an interim appl...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Property Tax Dispute — Civil Suit Barred by Statutory Remedy Under Delhi Municipal Corporation Act, 1957. The Court held that the remedy of appeal to the Municipal Taxation Tribunal under Section 169 is adequate and not onerous, thus excluding civil court jurisdiction.

19 Aug 2019

The case involves an appeal by the South Delhi Municipal Corporation (SDMC) against a Division Bench order of the Delhi High Court that set aside a Si...

Supreme Court

Supreme Court Allows Appeal by Municipal Corporation in Property Tax Dispute — Civil Suit Held Not Maintainable Due to Statutory Bar Under Delhi Municipal Corporation Act, 1957. The Court held that the Act provides a complete machinery for assessment and appeal, impliedly excluding civil court jurisdiction, and the Division Bench erred in remanding the matter without considering the finality clause under Section 171.

19 Aug 2019

The case involves a dispute between the South Delhi Municipal Corporation (SDMC) and M/s Today Homes and Infrastructure Pvt. Ltd. regarding the assess...

Supreme Court

Supreme Court Quashes Calcutta High Court's Order Appointing Arbitrator Due to Lack of Territorial Jurisdiction. Territorial Jurisdiction for Section 11 Application Under Arbitration and Conciliation Act, 1996 Depends on Court as Defined in Section 2(1)(e), Not Merely on Seat Designation in Arbitration Clause.

24 Mar 2022

The appeals arose from orders of the Calcutta High Court dated 13 August 2021 and 4 October 2021. The appellant and respondent had entered into a deve...

High Court

Bombay High Court Sets Aside Arbitral Award in Insurance Dispute — Wear and Tear Exclusion Not Applicable to Sudden Breakdown. The court held that the insurer failed to prove that the bearing failure was due to wear and tear, and the breakdown was a fortuitous event covered under the Industrial All Risk Policy.

15 Feb 2019

The petitioner, United Phosphorous Limited, was in the business of pesticides and chemicals. It purchased a Gas Turbine Engine from GE Packaged Power ...

High Court

Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

16 Jan 2015

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

High Court

High Court of Karnataka Quashes Insurance Ombudsman Award for Violation of Natural Justice — Employer Not Heard Before Award. Group Personal Accident Policy Claim Decided Without Notice to Employer, Award Set Aside and Remitted for Fresh Hearing.

4 Jul 2024

The petitioner, M/s. Toyota Kirloskar Motor Pvt. Ltd., is a company engaged in the manufacture of motor vehicles. It had contracted a 'Group Personal ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

High Court

Court Upholds Appellate Decision in Tenancy Dispute Involving Alleged Subletting. Appellate Bench's Reversal of Lower Court's Ruling Confirmed, Emphasizing Tenant Rights and Legal Definitions under Maharashtra Rent Control Act

5 Jul 2024

Tenancy rights under the Maharashtra Rent Control Act, 1999. The judgment reviews the Appellate Bench's reversal of a lower court's decision in a suit...

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