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Search Results for "section 7"

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High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Jurisdictional Ruling in Distributor Agreement Dispute. Arbitration Clause Not Extended by Conduct Despite Continued Commercial Dealings Post-Expiry of Two-Year Term.

21 Feb 2025

The case involves an appeal under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996, filed by Raymond Limited against an order of the lea...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

High Court

Bombay High Court Quashes Cancellation of Caste Validity Certificate and Rejection of Nomination in Lok Sabha Elections — Caste Scrutiny Committee Lacks Power of Review Under Section 7 of Maharashtra Caste Certificate Act, 2000. The Court held that a validity certificate issued under Section 6 of the Act cannot be cancelled by the Committee without express statutory authority and without following principles of natural justice.

24 Sep 2024

The petitioner, Rashmi Barve, a Zilla Parishad member, had obtained a caste validity certificate dated 17/02/2020 from the District Caste Certificate ...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Misapplication of Section 8 of Prevention of Corruption Act, 1988 — Charge Framed Under Wrong Provision Invalidates Conviction

5 Jul 2024

The appellant, a Junior Clerk in a Sessions Court, was convicted under Section 8 of the Prevention of Corruption Act, 1988 for allegedly demanding and...

High Court

Bombay High Court Upholds Arbitrator's Refusal of Interim Relief in Shareholder Dispute — Term Sheet Not a Binding Arbitration Agreement. Court holds that a Term Sheet containing an arbitration clause does not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, as it was subject to a definitive agreement and the parties did not intend to be bound by the arbitration clause at the pre-contractual stage.

19 Dec 2023

The case involves a dispute between Max Healthcare Institute Limited (Petitioner) and Touch Healthcare Private Limited & Ors. (Respondents) arising ou...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition Against Guarantors Due to Lack of Privity of Contract. Guarantee Deed Not Signed by Petitioner, No Arbitration Agreement Between Petitioner and Respondents.

31 Jan 2020

The petitioner, L&T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against the...

High Court

High Court of Karnataka Dismisses State Revision Against Discharge of Accused in POCSO Case — No Prima Facie Case of Sexual Assault Established. Court held that the allegations did not constitute penetrative sexual assault under Section 3 of the POCSO Act, 2012, as the accused allegedly inserted his finger into the complainant's mouth, not into her vagina.

8 Nov 2019

The State of Karnataka filed a criminal revision petition under Section 307 read with 401 of the Code of Criminal Procedure, 1973, challenging the ord...

High Court

High Court Allows Appointment of Sole Arbitrator in Municipal Contract Dispute — Arbitration Agreement Inferred from Exchange of Letters. The court held that letters dated 19-01-2018 and 12-03-2018 constituted a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator.

18 Feb 2019

The petitioner, M/s. Shyamraju & Company (India) Pvt. Ltd., filed two civil miscellaneous petitions under Section 11(5) of the Arbitration and Concili...

High Court

Bombay High Court Dismisses Arbitration Application Due to Invalid Arbitration Clause. Mere Use of Word 'Arbitration' in Jurisdiction Clause Does Not Constitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

9 Jul 2010

The applicant, Reshamsingh and Co. Pvt. Ltd., entered into a charter party agreement with the respondent, Dharti Dredging and Infrastructure Ltd., on ...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Reference of Tenancy Claim to Mamlatdar in Partition Suit. Civil Court's Order to Refer Tenancy Dispute to Mamlatdar Under Section 7 of Goa, Daman and Diu Agricultural Tenancy Act, 1964 Upheld as Proper Exercise of Jurisdiction.

15 Jun 2010

The petitioners, plaintiffs in Regular Civil Suit No.45/04 for partition of property surveyed under No.137/2 of Bordem Village, challenged the order d...

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