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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Supreme Court Allows Appeals in Central Excise Case Due to Non-Compliance with Tribunal's Direction to Furnish Document — Violation of Natural Justice. CESTAT's Order Directing Supply of Letter Dated 20.01.2001 Was Final and Could Not Be Modified Without Proper Justification.

The appellant, a manufacturer of cotton yarn and polyester yarn, was issued two show cause notices dated 11.05.2001 and 02.11.2001 alleging excess sto...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Supreme Court Allows Appeal in Murder Case Due to Fatal Non-Compliance with Section 313 Cr.PC — Failure to Put Incriminating Circumstances to Accused Vitiated Trial. Conviction under Section 302 IPC with Section 34 IPC Set Aside as Prejudicial Omission Caused Miscarriage of Justice.

The Supreme Court allowed the appeal of Naresh Kumar, a life convict, challenging his conviction under Section 302 IPC read with Section 34 IPC for th...

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High Court of Judicature at Bombay Decides Challenge to Arbitral Award in Reclamation Work Contract Dispute. Petition Filed Under Section 34 of the Arbitration and Conciliation Act, 1996 Seeking to Set Aside Award for Alleged Procedural Irregularities.

The petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Board of Trustees of Jawaharlal Nehru Port Trust challeng...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

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High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

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Bombay High Court Hears Interim Application in Suit for Specific Performance of Family Settlement Minutes. Interim Injunction Sought to Restrain Defendants from Valuing or Buying Out Shareholding Pending Suit for Enforcement of Minutes of Discussion.

The dispute arose in the context of a family-run private limited company engaged in automobile dealerships across multiple states. The Plaintiffs and ...

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Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commercial Arbitration Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, Ramakrishnan Krishnan, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...