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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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Supreme Court Allows Appeals in Electricity Tariff Dispute — Gujarat Urja Vikas Nigam Limited v. Renew Wind Energy (Rajkot) Pvt Ltd. Renewable Energy Certificate (REC) Scheme does not override State Commission's power to determine tariff for wind energy under Section 62 of the Electricity Act, 2003.

The case involves appeals under Section 125 of the Electricity Act, 2003, by Gujarat Urja Vikas Nigam Limited and other distribution licensees against...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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National Company Law Appellate Tribunal Upholds Mediated Consent Terms in Company Dispute Under Companies Act, 1956 -- Appeals by Appellant(s) and Accurate Engineering Company Pvt. Ltd. & Ors. Dismissed Due to Failure to Prove Coercion, Undue Influence, and Duress

The National Company Law Appellate Tribunal dismissed appeals challenging the National Company Law Tribunal's order that upheld mediated consent terms...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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Bombay High Court Allows Petition of Teacher Challenging Forced Resignation in MEPS Act Case. Resignation Letter Signed Under Duress and Coercion Held Invalid as Not Voluntarily Tendered.

The petitioner, Santosh Baban Kamble, was appointed as a drawing teacher at Kini High School on 1st August 1996. On 14th June 2000, he alleged that th...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...