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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 Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

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Bombay High Court Allows Employee's Petition Challenging Dismissal in Disciplinary Inquiry Due to Procedural Irregularities. Initiation of Proceedings by Subordinate Authority and Denial of Defence Witnesses Violates Natural Justice, Leading to Quashing of Dismissal Order.

The petitioner, Dwijendra Nath Sen, was an employee of Manganese Ore (India) Limited, a government undertaking. He was dismissed from service on 16 Ma...

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Bombay High Court Quashes Dismissal of Employee in Disciplinary Inquiry Due to Procedural Violations. Initiation of Proceedings by Subordinate Authority and Denial of Defence Witnesses Renders Inquiry Invalid.

The petitioner, an employee of Manganese Ore (India) Limited, challenged his dismissal order dated 16.3.2001 passed after a disciplinary inquiry. The ...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Bombay High Court Dismisses Anti-Suit Injunction Application in International Arbitration Enforcement Dispute. Court holds that Indian courts cannot restrain enforcement of foreign arbitration awards in New York when the award debtor has submitted to the jurisdiction of the foreign court.

The case involves a dispute between E-City Entertainment (I) Pvt. Ltd. (E-City), an Indian company part of the Essel Group, and Imax Corporation (IMAX...

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Bombay High Court Grants Anti-Suit Injunction Restraining English Proceedings in Breach of Exclusive Jurisdiction Clause. Exclusive jurisdiction clause in EDA held binding despite subsequent MOU; strong cause not shown by defendants.

The Plaintiff, Hansraj Nayyar Medical India, a proprietorship engaged in selling medical products, filed a suit for anti-suit injunction against Smith...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...