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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

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Full Bench of the Bombay High Court Considers Reference on Interpretation of Clauses 96 and 97 of MCGM General Conditions of Contract. The Court Examines Whether Compliance with Clause 96 is a Precondition for Invoking Arbitration under Clause 97.

The appeal arose from an arbitration petition concerning a contractual dispute between a contractor and the Municipal Corporation of Greater Mumbai (M...

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High Court of Karnataka Considers Challenge to Circulars Mandating Public Examinations for 5th and 8th Standard Students. Petitioners Contend Circulars Violate Sections 16, 30, 38(4) of Right to Education Act, 2009 and Section 145 of Karnataka Education Act, 1983.

The High Court of Karnataka at Bengaluru heard a batch of four writ petitions filed by associations of unaided private schools and a parent of a fifth...

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Bombay High Court Hears Public Interest Litigation Challenging Pune Municipal Corporation's Road Through Afforested Hills Under MRTP Act and Environmental Law.

The Public Interest Litigation arose from a challenge by Nagrik Chetna Manch, a public charitable trust, against the Pune Municipal Corporation’s de...

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High Court of Judicature at Bombay Considers Section 34 Petition Challenging Arbitral Award on Grounds of Jurisdiction and Limitation. Dispute involves multiple hotel management agreements and the applicability of arbitration clauses after partial setting aside of a prior award.

The dispute arises from a series of hotel management agreements concerning a hotel at Lonavala owned by petitioner Laguna Resorts Pvt. Ltd. (formerly ...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...

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Bombay High Court Considers Sales Tax References on Set-Off under Rule 41D. Court Interprets Whether Full Set-Off Applies to Furnace Oil Used in Manufacture of Goods Sold Locally and Transferred to Branches Outside State Under Bombay Sales Tax Rules, 1959.

The High Court of Judicature at Bombay was seized of two Sales Tax References arising from a common order of the Maharashtra Sales Tax Tribunal. Both ...

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Bombay High Court Allows Reference to Arbitration in Derivative Action Under Arbitration and Conciliation Act. Section 45 Does Not Require Reciprocity of Territory; Disputes Under Buyback Agreement Without Arbitration Clause Covered by Related Agreements' Arbitration Clauses.

The case pertained to a Notice of Motion under Section 45 of the Arbitration and Conciliation Act, 1996 filed by Defendant Nos. 1 and 2 in a suit brou...