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Search Results for "arbitrators jurisdiction"

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High Court

High Court of Bombay at Goa Dismisses Petition Challenging Amendment of Section 34 Arbitration Petition — Delay in Filing Amendment Not Fatal as Amendment Only Clarified Existing Grounds Without Causing Prejudice.

14 Oct 2014

The petitioner, Inox Leisure Limited, challenged an order dated 07/09/2013 passed by the Principal District Judge, Panaji, which allowed an amendment ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Development Dispute — Consent Terms Creating Arbitration Agreement Are Valid and Enforceable Under Section 11 of the Arbitration and Conciliation Act, 1996. Court Appoints Substitute Arbitrator When Named Arbitrator Did Not Enter Upon Reference.

12 Jun 2015

The applicant, Mohan Balkrishna Lulla, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an a...

High Court

High Court of Karnataka Allows Writ Petition by Government Corporation Against BBMP in Property Tax Dispute — Civil Court Order Set Aside for Lack of Jurisdiction Under Section 147 of Karnataka Municipal Corporations Act, 1976. The Court Held That the Civil Court Cannot Entertain Suits Challenging Tax Assessments as the Act Provides a Complete Code Including Appeal Mechanism.

28 Aug 2023

The petitioner, Karnataka Silk Industries Corporation Ltd, a Government of Karnataka enterprise, filed a writ petition under Articles 226 and 227 of t...

High Court

Bombay High Court Hears Constitutional Challenge to Service Tax on Advocates. The Levy Under Section 65(105)(zzzzm) of the Finance Act, 1994 is Challenged as Ultra Vires Articles 14, 19(1)(g), and 265 of the Constitution.

15 Dec 2014

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High Court

Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

15 Feb 2013

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit for Want of Jurisdiction in Contract Dispute Involving Foreign Company. Court Holds That No Cause of Action Arose Within Territorial Jurisdiction of Nagpur Court Under Sections 15 to 20 of the Code of Civil Procedure, 1908.

9 May 2014

The appellant, M/s. Gupta Coal India Private Limited, a company registered under the Companies Act, 1956 and having its registered office in Nagpur, f...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Reference Dispute — Partnership Deed Arbitration Clause Mandates Reference Despite Allegations of Fraud. Section 8 of the Arbitration and Conciliation Act, 1996 requires referral to arbitration when arbitration agreement exists and dispute falls within its scope, even if fraud is alleged, unless fraud is so pervasive that it vitiates the arbitration agreement itself.

13 Feb 2025

The appellant (original defendant) and respondent (original plaintiff) entered into a Partnership Deed on 24 June 2020 for the business of sale of mot...

High Court

Bombay High Court Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

15 Oct 2010

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

High Court

Bombay High Court Allows Arbitration Reference in Bank Guarantee Dispute — Dealership Agreement Contains Valid Arbitration Clause. The court held that the trial court erred in rejecting the Section 8 application by examining the scope of the arbitration clause, as the bank guarantee was a security under the dealership agreement and the dispute was covered by the arbitration agreement.

11 Apr 2011

The petitioner, Escorts Limited (defendant No.1), filed a Civil Revision Application challenging the order of the 3rd Joint C.J.S.D., Aurangabad, date...

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