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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Construes Will Provisions Under Indian Succession Act to Determine Nature of Bequests. The Court Examined Whether Bequests to Daughter Were Absolute or Held in Trust for Minor Granddaughter Until Majority.

This group of five appeals before the Bombay High Court concerned the construction of the last will and testament of one Pilloo M. Ghaswala. The testa...

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Bombay High Court Disposes of Cross Arbitration Petitions Challenging Copyright Royalty Award. License Fee and Infringement Claims Under Copyright Act, 1957 and Section 34 of Arbitration Act Evaluated.

The Indian Performing Right Society Ltd. (IPRS), a copyright society registered under Section 33 of the Copyright Act, 1957, and Entertainment Network...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

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Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

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Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Full Disclosure of Waiver of Interest in Original Assessment Precludes Reassessment After Four Years.

The Petitioner, Lok Housing and Construction Limited, challenged a notice dated 29 March 2011 issued under Section 148 of the Income Tax Act, 1961, se...