Search Results for "Ordinary Original Civil Jurisdiction"

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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Bombay High Court Dismisses Application for Release of Arrested Cargo in Admiralty Suit for Demurrage Claim. Demurrage Claim Under Voyage Charterparty is a Claim in Respect of Goods Under Section 4(1)(f) of Admiralty Act, 2017, and Arrest of Cargo is Permissible Even if Not on Board.

The Plaintiff, Pacific Gulf Shipping (Singapore) Pte. Ltd., a Singapore-based company engaged in vessel chartering, filed an admiralty suit against De...

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Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...