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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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High Court of Karnataka Dismisses Writ Petition Challenging Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Filing of Written Statement Does Not Waive Right to Seek Arbitration.

The petitioner, M/S Alang Metal Exim Pvt. Ltd., filed a money suit (O.S.No.3749/2013) against the respondents, MSTC Limited and The Fertilizers & Chem...

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Bombay High Court Allows Appeal in Winding-Up Petition, Sets Aside Conditional Deposit Order for Lack of Jurisdiction. Dispute over unpaid dues under the Forward Contracts (Regulation) Act, 1952 cannot be adjudicated in winding-up proceedings under the Companies Act, 1956.

The appeal arose from an order dated 27 September 2017 passed by the learned Company Judge in Company Petition No. 192 of 2016, directing the responde...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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High Court of Karnataka Dismisses Appeal in Service Tax Reimbursement Dispute — Contractual Obligation Not Imposed by Tender. Amendment of law does not automatically entitle contractor to reimbursement of service tax paid after contract execution.

The appellant, M/s. Jyothy Fabricare Service Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petitions seeki...

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Bombay High Court Examines Whether Writ Petition Lies Against National Stock Exchange for Termination. Maintainability Questioned on Grounds That NSE is Not State Under Article 12 and Dispute is Contractual.

The petitioner, Suprabhat Lala, was appointed as a Manager with the National Stock Exchange (NSE) on 1 October 2001 under terms and conditions set out...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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High Court of Karnataka Dismisses Petitions of JTOs Challenging Promotion Policy for Training Officers. The court upheld the validity of the Karnataka Government Servants (Seniority) Rules, 1957 and the promotion policy based on seniority-cum-merit.

The petitioners, who are Junior Training Officers (JTOs) in various Government Industrial Training Institutes (ITIs) in Karnataka, challenged the prom...