Search Results for "Enforceability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Enforceability"

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High Court

Bombay High Court Allows Unsuccessful Party's Section 9 Petition in Arbitration Dispute — Maintainability Upheld After Supreme Court's Home Care Retail Marts Judgment. The court held that a losing party can seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, overruling the earlier Division Bench decision in Dirk India.

6 May 2026

The judgment arises from a Commercial Arbitration Petition filed by Oil and Natural Gas Corporation Limited (ONGC) against Larsen & Toubro Limited (L&...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

High Court of Karnataka Quashes Executing Court Order in Specific Performance Execution — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. Executing Court Erred in Allowing Execution Against Judgment Debtors Who Were Not Parties to the Original Suit and Were Not Substituted as Legal Representatives of the Original Judgment Debtor.

29 Apr 2025

The petitioners, who are the legal representatives of the original judgment debtor Jinappa Jayapal Khot, filed a writ petition under Articles 226 and ...

Supreme Court

Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

27 Aug 2024

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...

Supreme Court

Dispute Over Partition and Possession of Family Property in Vishakhapatnam. Legal battle ensues over the inheritance and division of a residential property among the heirs of late Ghouse Khan, highlighting issues of succession under Mohammedan Law and the enforceability of a family settlement agreement.

9 Jul 2024

The reasoning of the High Court in holding Exhibit-A6 as a family settlement that would be binding on the parties. The agreement's intent was clear to...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

High Court

Bombay High Court Dismisses Appeal in Partnership Dispute — Upholds Trial Court's Finding of No Partnership and Dismissal of Suit for Accounts. Court holds that mere sharing of profits does not establish a partnership under the Indian Partnership Act, 1932, and that the plaintiff failed to prove the existence of a partnership agreement.

27 Mar 2015

The appellant, Prem Kaliaandas Daryanani, filed a suit for dissolution of partnership and accounts against the respondents, alleging that they were pa...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

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