Search Results for "Referral"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

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Supreme Court

Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

1 Jan 2026

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

High Court

High Court of Karnataka Sets Aside Order Referring Dispute to Arbitration in Commercial Suit — Arbitration Agreement Not Duly Signed by Plaintiff. Section 8 of Arbitration and Conciliation Act, 1996 requires existence of valid arbitration agreement; mere reference in invoices insufficient.

8 Jul 2025

The petitioner, M/s. Tusker Workspace Pvt. Ltd., filed a commercial suit (Com. O.S. No.207/2024) before the LXXXVI Additional City Civil and Sessions ...

Supreme Court

Arbitration Clause Prevails Over Public Premises Act, 1971 – Supreme Court Upholds Arbitrator's Appointment in Lease Dispute. The Supreme Court dismisses the appeal, confirming that the Arbitration and Conciliation Act, 1996 applies to lease disputes, even with the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in play.

21 Oct 2024

The Supreme Court ruled that the Arbitration and Conciliation Act, 1996 governs disputes related to lease agreements. The appellant, a statutory body,...

High Court

Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

18 Jul 2024

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

High Court

Bombay High Court Allows Referral to Arbitration in Specific Performance Suit — Agreement of Sale Contains Valid Arbitration Clause. Section 8 of Arbitration and Conciliation Act, 1996 mandates referral when arbitration agreement exists and subject matter is arbitrable.

20 Mar 2018

The Petitioner, Suman Baburao Thapa, was the defendant in Special Civil Suit No.566 of 2011 filed by Respondent Nos.1 and 2 (Jigar K. Mehta and Anand ...

High Court

Bombay High Court Allows Revision Against Order Granting Leave to Defend in Summary Suit Despite Arbitration Clause. Court holds that existence of arbitration agreement does not bar summary suit under Order 37 CPC, but objection as to maintainability must be decided before granting leave to defend.

15 Sep 2017

The dispute in this case arises from a summary suit filed by the respondent, M/s. Jalaram Feeds, against the applicants, Narayana Farm Produce Pvt. Lt...

High Court

Bombay High Court Quashes Suspension of Sonologist in PCPNDT Act Case — Report Signed by Hospital Owner Instead of Sonologist Not a Violation. The court held that signing of sonography reports by the hospital owner who is a qualified gynecologist does not contravene the PCPNDT Act, 1994, as the Act does not mandate that the report must be signed only by the sonologist who performed the scan.

21 Dec 2016

The petitioners, Dr. Rajender Amirchand Sujanyal (a gynecologist and owner of Stree Hospital) and Dr. Shripad Krishna Inamdar (a visiting sonologist),...

High Court

Bombay High Court Upholds Reinstatement of Anganwadi Sevika with Full Back Wages in Termination Dispute. Industrial Court's Revision Order Restoring Continuity and Back Wages Upheld as Termination Found Unjustified Under Industrial Disputes Act, 1947.

25 Sep 2014

The petitioners, the Zilla Parishad and the Child Development Project Officer, challenged the judgment of the Industrial Court dated 17/09/2013 in Rev...

High Court

Bombay High Court Upholds Framing of Preliminary Issue of Limitation Under Section 9-A CPC in Suit for Declaration and Injunction. Court holds that where the main relief of declaration is barred by limitation, the consequential relief of injunction cannot survive, and thus the preliminary issue can dispose of the entire suit.

20 Aug 2013

The petitioners, defendants in a civil suit, challenged an order dated 9.6.2011 passed by the 5th Joint Civil Judge, Junior Division, Nasik, framing a...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

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