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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

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Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in MCGM Contract Dispute. Court Holds That Respondent's Failure to Appoint Arbitrator Within 30 Days of Notice Entities Applicant to Court-Appointed Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, Kalpataru Projects International Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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NOTICE OF MOTION NO. 443 OF 2012

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

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Bombay High Court Quashes Tax Demand Against Factory in Lump-Sum Contribution Dispute. Agreement for lump-sum contribution in lieu of taxes under Maharashtra Village Panchayats Rules, 1961 held binding on village panchayat, barring unilateral revision of tax.

The petitioner, Bajaj Auto Ltd., a public limited company located within the territorial jurisdiction of Village Panchayat Jogeshwari, challenged a ta...