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High Court of Bombay Dismisses Arbitration Application Due to Non-Existence of Arbitration Agreement — No Prima Facie Case for Reference to Arbitration Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, Unistar Metals Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking reference ...

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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.

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

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Supreme Court Allows Appeal in Land Acquisition Compensation Case — Directs Shifting of Date for Determining Market Value Due to Inordinate Delay. Compensation to be Determined as on Date of Award Instead of Preliminary Notification Under Section 28 of KIAD Act, 1966.

The appellants, Bernard Francis Joseph Vaz and others, purchased residential sites in Gottigere Village, Bengaluru between 1995 and 1997. On 3rd April...

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"A Case Examining Limitation and Arbitration in Franchise Disputes."

The Supreme Court ruled on the issue of whether the arbitration petition filed by Arif Azim Co. Ltd. was barred by limitation under Article 137 of the...

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High Court Appoints Arbitrator in Contract Dispute Between Power Solutions Company and Electricity Supply Company. Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 allowed due to failure of respondent to appoint arbitrator as per clause 4.1 of contract agreement dated 28.03.2018.

The petitioner, M/s Nsure Reliable Power Solutions Pvt Ltd, a private limited company engaged in infrastructure business, participated in a tender flo...

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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.

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

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...

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Bombay High Court Quashes Order Adding Accused Under Section 319 CrPC Before Evidence Stage — Premature Invocation of Power. Power under Section 319 CrPC cannot be exercised based on investigation statements before commencement of trial evidence, as held in Ranjit Singh v. State of Punjab.

The applicants, five individuals, challenged an order dated 29.03.2010 passed by the Additional Sessions Judge, Kandhar, in Sessions Case No. 35/2008,...