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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Supreme Court Dismisses Electricity Board's Appeals in Illegal Disconnection Case — Board Cannot Claim Charges for Period of Its Own Wrongful Act. Initial Disconnection Without Considering Consumer's Instalment Request Violates Section 56 of Electricity Act, 2003.

The appeals arose from a dispute between the Bihar State Electricity Board (appellant) and M/s Iceberg Industries Ltd. (respondent/company) concerning...

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Supreme Court Holds Section 13(2)(a) of Consumer Protection Act, 1986 is Directory — District Forum Can Extend Time for Filing Reply Beyond 45 Days in Exceptional Circumstances. The 30-day period for filing reply commences from receipt of notice by the opposite party.

The Supreme Court Constitution Bench addressed two questions referred regarding Section 13(2)(a) of the Consumer Protection Act, 1986. The first quest...

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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

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Bombay High Court Allows Writ Petition Challenging Slum Tribunal's Jurisdiction After Amendment. Holds That Amendment Substituting Appellate Forum Is Procedural and Retrospective, Directs Transfer of Pending Appeal to Grievance Redressal Committee Under Section 3C of Maharashtra Slum Areas Act.

The petitioner, Omprakash V. Dube, the Chief Promoter of Sahyog SRA Cooperative Housing Society (Proposed), had obtained a declaration from the CEO, S...

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Bombay High Court Dismisses State's Petition, Upholds Medical Reimbursement for District Consumer Forum President. Member of District Consumer Forum is a government servant entitled to medical reimbursement under the Consumer Protection Act, 1986.

The case involves a writ petition filed by the State of Maharashtra challenging an order of the Maharashtra Administrative Tribunal (MAT) that directe...

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Bombay High Court Dismisses Petitions Seeking Reappointment of District Forum Presidents Under Consumer Protection Act, 1986. Section 10(2) of the Act Prescribes a Single Term of Five Years or Until Age 65, Barring Reappointment.

The judgment addresses a common question arising in multiple writ petitions: whether the President of a District Forum constituted under Section 10 of...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Dismisses Petitions Challenging Consumer Forum Jurisdiction Over Cooperative Credit Societies. Members of Managing Committees Cannot Claim Immunity from Consumer Forum Orders as Cooperative Credit Societies Provide Services for Remuneration.

This group of writ petitions was filed by members of managing committees of cooperative credit societies challenging the jurisdiction of the District ...