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Debdas Routh VS Hinduja Leyland Finance Limited

Debdas Routh VS Hinduja Leyland Finance Limited - 11 Sep 18

India - Calcutta

Issues: Whether the ratio decidendi in Indus Mobile is applicable to domestic arbitration. ... the parameters under such provisions being adhered to, it is governed by any agreement between the parties. ... the parameters under such provisions being adhered to, it is governed by any agreement between the parties. ... a forum selection clause....
Bowlopedia Restaurants India Limited VS Devyani International Limited

Bowlopedia Restaurants India Limited VS Devyani International Limited - 21 Jan 21

India - Calcutta

It provided a detailed analysis of the legal principles and precedents related to the conflict between the forum selection clause ... selection clause and the seat of arbitration in a domestic arbitration. ... Issues: The main issue was the conflict between the forum selection clause and the seat of arbitration in a domestic arbitrat....
M/S ARIF AZIM CO. LTD. vs M/S MICROMAX INFORMATICS FZE

M/S ARIF AZIM CO. LTD. vs M/S MICROMAX INFORMATICS FZE - 07 Nov 24

India - Supreme Court

that the presence of a non-exclusive jurisdiction clause does not confer jurisdiction to Indian courts when the seat of arbitration ... (Paras 73-74) ... ... Issues: The court addressed whether the petition was maintainable under ... for dismissal of petitions where a more appropriate forum exists, in this case, Dubai, UAE. ... The proper law of arbitration will also decide whether the arbitration #HL_S....
BGS SGS Soma JV VS NHPC Ltd.

BGS SGS Soma JV VS NHPC Ltd. - 10 Dec 19

India - Supreme Court

meet or have witnesses, experts or the parties” where only hearings are to take place in arbitration clause - That place will not ... Clause 67.3 of the agreement between the parties provides for dispute resolution through arbitration. ... conflicting portion - If not, the point of conflict loses its binding nature. ... If seat were equivalent to an exclusive ....
Ashwin Maganlal Savani VS Himadri Davda

Ashwin Maganlal Savani VS Himadri Davda - 27 Jun 23

India - Bombay

lacked the necessary consensus between the parties and did not refer to disputes but rather to complaints or grievances. ... Issues: The main issue was whether Clause 19 of the Will constituted an arbitration agreement and whether the disputes were ... clause and there was no valid arbitration agreement between the parties. ... , to ....
Amrit Jal Ventures Private Limited VS SREI Infrastructure Finance Limited

Amrit Jal Ventures Private Limited VS SREI Infrastructure Finance Limited - 02 Aug 16

India - Dishonour Of Cheque

parties and party has approached appropriate High Court, application under Section 11 of Arbitration and Conciliation Act allowed ... find out if there is existence of a valid arbitration clause—In view of clear finding that there is an arbitration agreement between ... be an authority there must be an ability conferred by law to alter or ascertain, subject to command of relevant law, rights, duties ... In addition #HL_STA....
Aviral Education Welfare And Cultural Society VS Delhi Public School Society

Aviral Education Welfare And Cultural Society VS Delhi Public School Society - 10 Mar 23

India - Delhi

Act, 2009 - [Clause 13, Clause 8(i), Clause 13, Clause 14] - The court analyzed the termination of a Joint Venture Agreement (JVA ... ) and its clauses, finding that the termination without assigning reasons was binding as per the JVA. ... Ratio Decidendi: The court held that the termination without assigning reasons was binding as per the JVA. ... , it is more appropriate to#....
Black Sea Steamship U. L. Lastochkina Odessa, Union of Soviet VS Union of India

Black Sea Steamship U. L. Lastochkina Odessa, Union of Soviet VS Union of India - 03 Apr 75

India - Andhra Pradesh

JURISDICTION - INTERNATIONAL TRADE - BILL OF LADING - CHOICE OF FORUM - BALANCE OF CONVENIENCE - SECTION 28 OF THE INDIAN CONTRACT ... to enforce a foreign jurisdiction clause. 3. ... The court held that parties are free to choose one of several competent courts to adjudicate a dispute, and such an agreement does ... Once again a similar question relating to#H....
Antrix Corporation Ltd. VS Devas Multimedia Pvt. Ltd.

Antrix Corporation Ltd. VS Devas Multimedia Pvt. Ltd. - 30 May 18

India - Delhi

The designation of seat is equivalent to the specification of an exclusive forum selection clause, such that all applications under ... Antrix applied to the Bangalore City Civil Court under Section 34 of the Act challenging the Award dated 14.09.2015. ... Whether the Commercial Appellate Division of the High Court has exclusive jurisdiction to adjudic....
Sanshin Chemicals Industry VS Oriental Carbons And Chemicals LTD.

Sanshin Chemicals Industry VS Oriental Carbons And Chemicals LTD. - 16 Feb 01

India - Supreme Court

(1) The arbitration agreement must contemplate that the decision of the tribunal will be binding on the parties to the agreement
NARANBHAI AMTHALAL PANCHAL VS RAMCHANDRA SOMNATH PANCHAL

NARANBHAI AMTHALAL PANCHAL VS RAMCHANDRA SOMNATH PANCHAL - 22 Jul 94

India - Gujarat

on furnishing security to the satisfaction of Registrar of this Court – Appeal From Order No. 66 of 1979 and the Civil Appeal no. ... – Benami Transactions (Prohibition) Act, 1988 – Indian Registration Act – Section 17 – Partnership firm – Arbitration Agreement/Clause ... the conclusion that there was a valid arbitration between the parties, in that case, the award is invalid as the arbitrators have ... If the pa....
NARANBHAI AMTHALAL PANCHAL VS RAMCHANDRA SOMNATH

NARANBHAI AMTHALAL PANCHAL VS RAMCHANDRA SOMNATH - 22 Jul 94

India - Gujarat

in the court to make the Rule of the court by filing Civil Misc. ... Arbitrators have jurisdiction to decide any dispute that is referred to them by the parties to the arbitration. 4. ... Whether the distribution of the residue of the partnership property among the partners required registration under Section 17 of ... terms of the contract#H....
G. Ravi VS State of Karnataka, Represented by its Chief Secretary, Department of Personnel and Administrative Reforms

G. Ravi VS State of Karnataka, Represented by its Chief Secretary, Department of Personnel and Administrative Reforms - 13 Jul 12

India - Karnataka

Kempanna, JJ] Karnataka State Civil Services (Absorption of Assistant Engineers and Junior Engineers Appointed on Contract Basis ... be binding precedent. ... The impugned Rules are framed to set at naught a binding judicial pronouncement which had the seal of the Apex Court. ... By the second clause, there can be no discrimination, among other things, on the ground of ....
R. Manjunath VS State of Karnataka, Rep. By its Secretary Dept. of Personnel And Administrative Reforms Vidhana Soudha

R. Manjunath VS State of Karnataka, Rep. By its Secretary Dept. of Personnel And Administrative Reforms Vidhana Soudha - 13 Jul 12

India - Karnataka

Kempanna, JJ Whether persons appointed for a temporary period on daily wages or on contract basis can be absorbed? ... as only a obiter and not a binding decision on the High Court. ... Engineers have to be recruited on contract basis, Rule 15 of the Karnataka Civil Services (General Recruitment) Rules, 1977 provided ... i.e., whether by direct recruitment and promotion....
Sheetal Tripathi VS U. O. I

Sheetal Tripathi VS U. O. I - 15 Oct 20

India - Allahabad

considered for selection so that the best among them could be given admission. ... decide the issue of territorial jurisdiction, this Court may ask from itself as to whether the filing of application online from ... or would not constitute a part of cause of action, one has to consider whether such facts constitute a material, essential or integral ... considered for selection#....
AMRIT JAL VENTURES PRIVATE LIMITED VS SREI INFRASTRUCTURE FINANCE LIMITED

AMRIT JAL VENTURES PRIVATE LIMITED VS SREI INFRASTRUCTURE FINANCE LIMITED - 02 Aug 16

India - Calcutta

parties in equal measure at the first instance subject to the direction as to costs as may be contained in the final Award. ... Whether the RDB Act bars the appointment of an arbitrator or ousts the jurisdiction of the Court to appoint an arbitrator. ... The Court reasoned that the parties had voluntarily agreed to have their disputes resolved through arbitration and th....
ABHISHEK KUMAR RAI VS INDIAN INSTITUTE OF TECHNOLOGY, BHUBANESWAR

ABHISHEK KUMAR RAI VS INDIAN INSTITUTE OF TECHNOLOGY, BHUBANESWAR - 02 May 18

India - Orissa

of the appointment bound both parties to the terms and conditions. ... court's jurisdiction to rewrite the contract, the authority's decision on the petitioner's selection, and the alleged change in the ... The court dismissed the petitioner's claim of being unsuccessful in the selection process and upheld the authority's decision to ... or conveyance is estopped #HL_ST....
Brijbhal Singh Gautam VS Union of India

Brijbhal Singh Gautam VS Union of India - 27 Apr 01

India - Madhya Pradesh

shortlist the candidates, whereas the selection has to be made of most suitable among the shortlisted candidates based on (i) reputation ... does not sit in appeal -- it has to find out legality -- it has also to rule whether decision making authority has exceeded its ... the respondents No.1 to 9 to finalise the selection without cal....
Arif Azim Co. Ltd VS Micromax Informatics Fze

Arif Azim Co. Ltd VS Micromax Informatics Fze - 07 Nov 24

India - Supreme Court

– Sections 11(6)(a) and 11(12)(a) – Distributorship Agreement – Petition for appointment of arbitrator – Dispute arose between parties ... was sufficient to establish it as the seat, thus excluding Indian courts from jurisdiction. ... The court found that the seat of arbitration was Dubai, UAE, as per the agreement, and thus, Indian courts lacked jurisdiction to ... Such law will also ordinarily decide whether the arbitrat....
Asian Securities & Estates Limited VS Nausheen Riyaz

Asian Securities & Estates Limited VS Nausheen Riyaz - 22 Aug 14

India - Andhra Pradesh

so as to refer the matter to the Arbitrator as agreed between parties-No reasons are assigned on point 'whether dispute raised by ... the Act is whether there is any arbitration clause in the agreement or not. ... see at the stage of Section 8 of the Act is whether there is any arbitration clause in the agreement or not---When original agreement ... th....
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