Bombay High Court Hears Constitutional Challenge to Service Tax on Advocates. The Levy Under Section 65(105)(zzzzm) of the Finance Act, 1994 is Challenged as Ultra Vires Articles 14, 19(1)(g), and 265 of the Constitution.
15 Dec 2014...
Search Results for "Business Efficacy Test"
235 result(s) found
Found 235 result(s)
High Court
Bombay High Court Dismisses MCGM's Appeal Against Arbitral Award in Commercial Dispute — Upholds Single Judge's Refusal to Set Aside Award Under Section 34 of Arbitration Act. Court Holds That Challenge to Arbitral Award on Grounds of Patent Illegality and Public Policy Must Be Based on Clear Violation of Law or Contract, Not Mere Erroneous Application of Law.
22 Dec 2017The appellant, Municipal Corporation of Greater Mumbai (MCGM), filed a Commercial Appeal under Section 13 of the Commercial Courts Act, 2015 and Secti...
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High Court
Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.
15 Oct 2024The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...
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High Court
Bombay High Court Considers Whether Minutes of Meeting Converted Force Majeure Clause into Assured Return Mechanism, Interpreting Clauses 3.4.19 and 3.7.2 of Construction Agreement. Appeal Challenges Arbitral Interpretation That State Must Compensate for Any Toll Collection Drop Exceeding 20%.
17 Jan 2026The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arose from a dispute concerning a build-operate-transfer (BOT) contract for ...
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High Court
Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.
17 Nov 2025The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...
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High Court
Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.
16 Apr 2015The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...
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High Court
High Court of Judicature at Bombay Upholds Arbitral Award in Commercial Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Holding Investment Was Loan Not Flat Purchase. Court Finds MoU Clauses Including 'Short Term Loan' and 'Repayment' Terms Unambiguously Created Debt, with Subject Flats as Security, Rejecting the Partnership Firm's Reliance on Clause 6(h).
18 Aug 2025The matter arose from cross-petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging arbitral awards dated January 9...
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High Court
Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.
15 May 2020The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...
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Supreme Court
Supreme Court Dismisses Appeal in Tender Dispute, Upholding Limited Judicial Review Under Article 226 of Constitution of India. The Court Reiterated That Judicial Interference in Tender Awards is Restricted to Cases of Arbitrariness or Irrationality, and Courts Must Defer to the Tendering Authority's Interpretation of Contract Terms.
17 Sep 2021The Supreme Court of India addressed a civil appeal concerning the scope of judicial review in tender matters under Article 226 of the Constitution. T...
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High Court
High Court of Bombay Hears Writ Petition in Minimum Wages Act Dispute Over Reimbursement of Labour Costs. Contractor Seeks Revision of Contract Rates After Notification Increased Minimum Wages for Sweeping and Cleaning Employment.
25 Apr 2018Background: The petitioner, A2Z Infraservices Limited, a company engaged in providing mechanized cleaning and housekeeping services, entered into thre...
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