Search Results for "separability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "separability"

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High Court

Bombay High Court Allows Appeal in Arbitration Reference Dispute — Holds Arbitration Clause Survives Termination of Main Contract Under Section 45 of Arbitration and Conciliation Act, 1996. Doctrine of Separability of Arbitration Agreement from Underlying Contract Applied to Refer Parties to ICC Arbitration Despite Alleged Rescission of Share Purchase Agreement by Subsequent MOU.

16 Aug 2013

The appeal arises from a judgment of a Learned Single Judge of the Bombay High Court dismissing a petition filed by the Appellant, Mulheim Pipecoating...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

High Court

Private Company Challenges Contract Termination in High Court. Petitioner alleges arbitrary action by Aurangabad Smart City Development Corporation Limited; Court rules dispute to be settled through arbitration.

22 Jul 2024

The Petitioner, a private limited company, filed a writ petition under Article 226 of the Constitution of India against the Aurangabad Smart City Deve...

High Court

Bombay High Court Allows Referral to Arbitration in Shipping Agency Dispute — Agency Agreement Arbitration Clause Enforceable Under Section 45 of Arbitration and Conciliation Act, 1996. Court holds that disputes regarding termination and novation of agency agreement are covered by arbitration clause and must be referred to arbitration in Tokyo.

28 Jan 2014

The judgment concerns two interconnected proceedings: Arbitration Petition No. 446 of 2003 filed by Mitsui OSK Lines Ltd. (petitioner) under Section 4...

High Court

High Court of Karnataka Allows Appeal in Partnership Dispute Over Appointment of Receiver. Court sets aside order appointing receiver for partnership firm M/s Sea Line Trading, holding that the trial court failed to consider the balance of convenience and the fact that the appellant was a partner in possession of the firm's assets.

8 Apr 2026

The case involves a commercial appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Order 41 Rule 1 of the CPC, challenging ...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

25 Jun 2019

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

28 Nov 2025

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

High Court

Bombay High Court Allows Appointment of Arbitrator in Development Agreement Dispute — Arbitration Clause Survives Termination. Court held that under Section 11(6) of Arbitration and Conciliation Act, 1996, the arbitration clause is independent and survives termination of the underlying contract, and appointed a sole arbitrator when respondents failed to appoint one.

3 Nov 2025

The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbit...

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