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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Gujarat High Court Dismisses Petition Challenging NA Permission Cancellation for Land of Restricted Tenure. Failure to Obtain Prior Consent Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948 Renders NA Permission Void Ab Initio.

The petitioner, Shradhdha Land Corporation & Organisers, filed a Special Civil Application under Article 226 of the Constitution of India before the G...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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High Court of Judicature at Bombay Hears Challenge to DRAT Order Upholding DRT Dismissal of Recall of Ex-Parte Decree in Debt Recovery Proceedings. Petitioners Contend Non-Service of Summons and Advocate's Mere Filing of Vakalatnama Cannot Waive Service, Which Is Essential for Written Statement.

The matter before the High Court of Judicature at Bombay arose from writ petitions challenging the judgment of the Debt Recovery Appellate Tribunal da...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Venue Change in Arbitration Dispute — Clause 19.3(b) of Agreement Held to Specify Seat, Not Venue, Under Section 20 of Arbitration and Conciliation Act, 1996.

The petitioner, Dhule Municipal Commissioner, challenged an interim order dated 16/06/2024 passed by the sole Arbitrator in Arbitration Proceeding No....

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NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

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Supreme Court Grants Leave to Appeal Against High Court Order Affirming Removal of Mathadhipathi under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Leave granted in SLP against dismissal of challenge to removal based on enquiry report finding charges proved.

The appeal arose from the removal of the Mathadhipathi of Sri Swamy Hathiramji Mutt, Tirupati, under the Andhra Pradesh Charitable and Hindu Religious...