Arbitration – Appointment of Arbitrator – Section 11 of Arbitration Act – Scope of Court’s Inquiry – At referral stage, Court is confined to examining prima facie existence of arbitration agreement – Issues of arbitrability, oppression and mismanagement, or maintainability to be decided by arbitral tribunal – No mini trial permissible [Paras 14–18].
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Taxation Law - GST – Export of Services – Clinical Trials / Pharma R&D Services – Place of Supply – Services rendered by Indian pharma company to foreign recipients – Recipient located outside India – Held: Clinical trial and R&D services qualify as “export of services” under IGST Act when recipient is situated in non-taxable territory [Paras...
Family Law - Hindu Adoption and Maintenance Act, 1956 – Section 16 – Presumption of Valid Adoption – Registered adoption deed dated 08.02.1982 executed in favour of petitioner duly proved by natural mother, marginal witnesses and priest – Authorities below ignored statutory presumption under Section 16 – Held: Once a registered adoption deed signed by giver and taker ...
Motor Accident Compensation – Injury Case – Double Amputation – Enhancement of Compensation – Appellant, a Diploma Mechanical Engineer employed as Foreman, suffered amputation of both legs due to rash and negligent driving of insured tipper truck – Tribunal awarded compensation by treating loss of earning capacity at only 20% – High Court found approach erroneou...
Taxation Law - Customs – Scope of Appellate Tribunal Jurisdiction – Redemption Order – Tribunal, in an appeal filed by the assessee challenging confiscation and penalty, ordered absolute confiscation of goods despite adjudicating authority having permitted redemption on fine – Held: Tribunal exceeded its jurisdiction since the Department did not challenge the redemption dir...
Civil Law - Execution Proceedings – Ad Interim Injunction – Scope of Power of Executing Court – Executing Court granted ex parte ad interim injunction restraining decree-holder from disturbing possession of third party/licensee – Held: Executing court cannot practically grant an automatic stay of execution in absence of stay from appellate court – Filing of appeal doe...
Civil Law – Recall of Witness – Order XVIII Rule 17 CPC – Application to recall plaintiff for cross-examination dismissed by Trial Court due to petitioner’s repeated defaults and non-payment of earlier costs – Petitioner failed to appear on crucial dates and did not seek rectification of court record when claim of proxy appearance was not reflected in order sheet &nda...
Service Law – Voluntary Retirement – Withdrawal After Acceptance – Rule 66(5) of Maharashtra Civil Services (Pension) Rules, 1986 – Petitioner, a Medical Officer, sought voluntary retirement effective 4 July 2023, later attempted to withdraw it before acceptance and again after retirement alleging depression – Retirement duly accepted by competent authority – He...
Commercial Courts Act – Definition of Commercial Dispute – Scope – Suit based on promissory notes – Petitioners contended that such suits do not fall under Section 2(1)(c) of the Act and that promissory notes are not "mercantile documents" – Held: Promissory notes executed for business expansion and printed in commercial format are commercial in nature &ndas...
Writ Jurisdiction – Fraudulent Registration – Unilateral Deeds – Writ Petitions Maintainable – Appeal against quashing of registered deed of cancellation, deed of declaration, and gift deed executed by borrower without authority – Appellants argued alternative remedy and pendency of civil suits – Held: High Court rightly exercised writ jurisdiction considering t...