Search Results for "interlocutory jurisdiction"

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Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

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High Court of Karnataka Quashes Commercial Court Order in Arbitration Dispute Over Appointment of Arbitrator — Holds That Section 11(6) Application Under Arbitration Act Is Not Maintainable Before Commercial Court Without Prior Notice Under Section 21.

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12.01.2021 passed by the Commercial Co...

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Bombay High Court Grants Interim Protection to Petitioners in Commercial Arbitration Petition Under Section 9 of Arbitration Act. Exclusive Rights to Manufacture Ice Cream Under 'Vadilal' Brand in Designated Territories Preserved Pending Arbitration Arising from 1993 Family Settlement.

Shailesh R. Gandhi, Bela S. Gandhi, and Vadilal Dairy International Limited (formerly Super Milk Makers Private Limited) filed a petition under Sectio...

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Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction for Section 9 Application. Court Holds That Cause of Action Arises Partly in Goa Where Agreements Were to Be Performed, Conferring Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions (a partnership firm) and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act...