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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Dismisses Promoter's Challenge to Pledge of Shares During Lock-In Period — Pledge Held Valid as Lock-In Restricts Transfer of Title, Not Interest. Court Rules That Pledge Under Section 172 of Contract Act Does Not Violate SEBI ICDR Regulations, 2009.

The plaintiff, Kannan Vishwanath, a promoter and managing director of Dr. Datson Labs Limited, filed a suit and notice of motion seeking a declaration...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Supreme Court Allows Appeal Against Remand Order in Arbitration Dispute. High Court Exceeded Jurisdiction Under Section 37 by Remanding Matter to Arbitrator Despite Consent of Parties to Dispense with Cross-Examination.

The dispute arose out of a joint venture agreement dated 14.12.1996 between the appellants (joint owners of land) and the respondent (a construction c...

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Bombay High Court Dismisses Petition Seeking Enforcement of Customs Facility Notice Against Shipping Lines. No Statutory Duty Imposed on Customs to Prosecute Shipping Lines for Non-Compliance with Facility Notice No.69 of 2011.

The petitioners, J.J. Polyplast Private Ltd, Aishwarya Plast Exports Private Ltd, and Mr. Sanjesh Jain, are importers dealing in plastic raw materials...

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Bombay High Court Partially Allows MTNL's Challenge to Arbitral Award in False Ceiling Contract Dispute. Court Upholds Award on Certain Claims but Sets Aside Award on Claim for Price Escalation Due to Lack of Evidence and Contrary to Contract Terms.

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an arbitral award dated 29 March 2011 under Section 34 of the Arbitration and Concil...

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Bombay High Court Examines Enforcement of Sixth Pay Commission Pay Scales for Teachers in Unaided Minority School Based on Recognition Terms. Writ Petition Filed Under Article 226 Challenges Non-Payment of Salary as per Government Resolution Dated 21 May 2010.

Background: The dispute involved twenty-three teachers employed by an unaided private minority school (Saint Joseph's English School, Buldhana, manage...