Search Results for "section 8"

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Search Results for "section 8"

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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 ...

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 Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Allegation of Groping During Religious Procession Fails as Victim's Testimony Contradicted by Own Witnesses and Medical Evidence Not Adduced.

17 Dec 2020

The appellant, Dinesh @ Nitin Ukandrao Khandate, was convicted by the Special Court under the Protection of Children from Sexual Offences Act, 2012 (P...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Bank Guarantee Case — Arbitration Agreement Survives Despite Non-Signature of Work Order. The court held that an arbitration agreement need not be signed if there is sufficient evidence of mutual acceptance, and the work order was acted upon by both parties.

30 Sep 2020

The petitioner, M/s Indo Unique Flame Ltd., filed a writ petition challenging the order dated 18th January 2018 passed by the Commercial Court, Nagpur...

High Court

Bombay High Court Upholds Conviction of Appellant under POCSO Act for Sexual Assault of 11-Year-Old Girl — Evidence of Victim and Mother Found Credible, No Ground for Interference. The court held that the testimony of the child victim, corroborated by her mother, was sufficient to sustain the conviction under Section 8 of POCSO Act, 2012 and Section 341 IPC.

9 Sep 2020

The appellant, Mohammad Arif Asik Ali Raain, was convicted by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

10 Dec 2021

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

High Court

Bombay High Court Allows Civil Revision Application in Partnership Dispute - Arbitration Clause Survives Dissolution. Dispute regarding dissolution of partnership and rendition of accounts is arbitrable under Section 8 of the Arbitration and Conciliation Act, 1996.

28 Apr 2021

The case involves a civil revision application filed by the defendant (applicant) challenging an order of the City Civil Court, Greater Bombay, which ...

High Court

Bombay High Court Allows Arbitration Application Under Section 8 of Arbitration Act, 1996 — Dispute Referred to Arbitrator Despite Alleged Non-Signatory to Arbitration Agreement. Court holds that existence of arbitration agreement between parties is a jurisdictional fact to be decided by the trial court before referring parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

19 Sep 2022

The petitioners, M/s TCI Infrastructure Limited and M/s Transport Corporation of India Limited, filed a suit before the 6th Joint Civil Judge, Senior ...

High Court

High Court of Karnataka Dismisses Applications for Appointment of Arbitrator in Pending Suits Under Section 8 of Arbitration Act. Court holds that Section 8 of the Arbitration and Conciliation Act, 1996 applies only before filing of first statement on substance of dispute, not to pending suits.

14 Aug 2014

The petitioner, HMT Watches Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the orders passed by the Pr...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

29 Mar 2022

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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