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High Court of Karnataka Dismisses Revision Petition Against Arbitral Tribunal Order as Not Maintainable Under Section 115 CPC. Arbitral Tribunal Held Not a Court Subordinate to High Court, Hence Revision Not Maintainable.

The petitioner, The Karnataka Jesuit Educational Society, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC)...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute - Tribunal Lacks Jurisdiction For Non-Notified Properties, Civil Court Retains Authority For Property Status Determination.

The Supreme Court allowed the appeal filed by Appellants against Respondents, setting aside the High Court order and allowing the application under Or...

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Bombay High Court Allows Petition to Appoint Arbitrator in Shareholder Dispute Under Arbitration Act. Court finds existence of arbitration clause and refers parties to arbitration, appointing former judge as sole arbitrator.

The petitioners, shareholders of a company, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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High Court of Bombay Adjudicates Petitions Under Section 37 of Arbitration Act Against Interim Deposit Order. The Arbitral Tribunal Had Directed Joint and Several Deposit of Rs.190 Crores and Restraint on Property Alienation.

The dispute arose from a Share Holders Agreement (SHA) dated 27 December 2012 and subsequent amendments between the Claimants (investors) and the Resp...

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High Court of Bombay Dismisses Petitions Challenging Arbitral Award in Stock Broker Dispute. Court Upholds Arbitral Tribunal's Findings of Fact and Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns multiple arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

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Bombay High Court Hears Civil Revision Against Wakf Tribunal's Declaration of Mutawali and Permanent Injunction. Revision Applicant Contests Jurisdiction of Wakf Tribunal to Decide Mutawali Status Under Hyderabad Atiyat Inquiries Act, 1952.

Background: The dispute revolves around the management and control of a wakf property, Dargah Hazrat Mansoor Shah Wali in Beed. The plaintiff claimed ...

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Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

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Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...