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Supreme Court Considers Whether Lift Installation Contracts Are 'Works Contract' or 'Sale of Goods' for Sales Tax Purposes. The Matter Was Referred to a Larger Bench to Resolve Conflict Between Prior Rulings and to Determine the Applicability of the Predominant Intention Test After Recent Judgments.

The matter stems from multiple writ petitions and civil appeals challenging the classification of contracts for manufacture, supply and installation o...

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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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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...

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KAHC010059832012_1

The available text of the judgment only includes the list of parties in W.P.No.27674/2012 and connected cases, filed as a Public Interest Litigation b...

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Supreme Court Allows Appeal in Will Dispute, Restoring Trial Court Decree for Possession. Registered Will Upheld as Validly Proved Under Indian Succession Act and Indian Evidence Act, While Unregistered Will Found Forged Based on Suspicious Circumstances.

The dispute centered on the validity of two wills concerning a residential property originally owned by Ms. Jessie Jayalakshmi. The appellant, claimin...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...