Search Results for "Contradictory Clauses"

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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High Court of Bombay Allows Enforcement of Foreign Arbitral Awards Under Arbitration and Conciliation Act, 1996 - The court recognized and enforced five foreign arbitral awards, rejecting challenges based on invalidity of arbitration agreement and scope of submission.

The High Court of Bombay adjudicated a commercial arbitration petition filed under Part II of the Arbitration and Conciliation Act, 1996, seeking reco...

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Bombay High Court Dismisses HPCL's Revision Against Eviction Decree in Lease Renewal Dispute. HPCL's Claim of Statutory Right to Renew Lease Under Section 7(3) of Caltex Act Rejected as Lease Was Not Renewed Before Expiry of Original Term.

The case involves a dispute between Hindustan Petroleum Corporation Limited (HPCL), the revision applicant, and the legal heirs of Mansukhlal Doshi, t...

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Bombay High Court Grants Interim Injunction in Favor of Plaintiff in Trademark Infringement and Passing Off Suit. Registered Trademark 'SACU-V' for Heart Failure Drug Protected Against Deceptively Similar Mark 'SACV' for Same Composition Pharmaceutical Product.

The Plaintiff, Glenmark Pharmaceuticals Ltd., is engaged in manufacturing and sale of pharmaceutical preparations. It adopted the trademark 'SACU-V' i...

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Supreme Court Converts Murder Conviction to Culpable Homicide in Single Blow Case — Appellant Major Singh Convicted Under Section 304 Part I IPC Instead of Section 302 IPC for Causing Death of Uncle with Single 'Bahi' Blow During Sudden Quarrel.

The Supreme Court considered appeals by Major Singh against his conviction under Section 302 IPC by the Punjab and Haryana High Court, which had rever...

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Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

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Bombay High Court Dismisses Appeal by Financial Institution in Suit for Recovery of Money Due to Failure to Prove Loan Agreement and Liability of Promoters. Equity Participation by Appellant Did Not Create a Debtor-Creditor Relationship with Respondents.

The appellant, EDC Limited, a financial institution, filed a suit for recovery of Rs. 17,50,000/- with interest against the respondents, M/s. GKB Opht...

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Bombay High Court Dismisses Winding-Up Petition in Company Dispute Over Back-to-Back Payment Clause. Payment Obligation Conditioned on Receipt from HAL, Not Absolute Debt, Hence Bona Fide Dispute Exists.

The petitioner, Tata Advanced Materials Ltd., filed a company petition under Sections 433 and 434 of the Companies Act, 1956, seeking winding up of th...

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Bombay High Court Allows Appeal Against Rejection of Receiver Appointment in Partnership Dissolution Suit. Partnership at will dissolved by notice; court receiver appointed to protect assets pending final adjudication.

The appellant, original plaintiff, filed Civil Suit No. 887 of 1994 seeking a declaration that the partnership firm M/s. Athavale Dairy was dissolved ...