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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

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Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

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Karnataka High Court Grants Interim Stay on Notification Cancelling Nomination of Chairman of Karnataka State Minorities Commission; Examination of Pleasure Doctrine and Natural Justice Under Sections 4 and 5 of the Act

The petitioner, Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, filed a writ petition before the Karnataka High Court und...

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Supreme Court Allows Improvement Trust's Appeal Against High Court Direction to Allot Plot Under Discretionary Quota. Government's Discretionary Quota Allotment Under Rule 4 of Punjab Town Improvement Rules, 1983 Cannot Be Enforced by Writ Court Against Improvement Trust.

The case involves an appeal by the Improvement Trust, Ropar, against a High Court of Punjab & Haryana order directing it to allot a plot under the dis...

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Supreme Court Dismisses Insurance Company's SLP Against NCDRC Order, Holds Remedy Lies Under Article 226/227 Not Article 136. Consumer Protection Act, 1986 - Section 21(a) - National Commission's appellate orders are not subject to Article 136 jurisdiction directly.

The case arises from a consumer dispute where the complainant, Suresh Chand Jain, had obtained a Standard Fire and Special Perils Policy and a Burglar...

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Supreme Court Allows Appeal in Arbitration Case Over Bank Guarantee Validity - High Court's Direction to Substitute Bank Guarantee Set Aside as Appellant Complied with Original Order for Scheduled Bank Located in India Under Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals arising from special leave petitions filed by SEPCO Electric Power Construction Corporation against Pow...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...