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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

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Supreme Court Examines Appeals Concerning Kudankulam Nuclear Power Plant, Addressing Safety and Regulatory Measures Under Atomic Energy Act, 1962. The Court Deliberates on Balancing National Energy Policy with Public Apprehensions Stemming from Past Nuclear Incidents.

The case centers on appeals related to the establishment of a nuclear power plant at Kudankulam in Tamil Nadu. The judgment begins by acknowledging th...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Supreme Court Allows Additional Evidence in Consumer Dispute Over Occupancy Certificate and Conveyance Deed. The Court held that documents coming into existence after the appeal must be considered under Order XLI Rule 27 CPC if relevant and not producible earlier despite due diligence.

The present civil appeal arose from a consumer dispute between the appellants (developers) and the respondent (cooperative housing society). The appel...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Commercial Dispute Over Defective Machinery. Claim Barred by Limitation as Arbitration Reference Made Beyond Three Years from Cause of Action Under Article 137 of Limitation Act, 1963.

The appellant, M/s. Premlaxmi & Co., placed an order with respondent No.1, Ingersoll Rand (India) Limited, for purchase of portable compressors. Four ...

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High Court of Karnataka Considers Plea to Quash Impleadment of Company in SFIO Prosecution. Application Under Section 319 CrPC Allowed by Magistrate Challenged by Former Managing Director.

The petitioner, former Managing Director of Megacity (Bangalore) Developers and Builders Limited, filed criminal petitions under Section 482 of the Co...

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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...