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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A....

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Supreme Court Upholds High Court’s Decision in Money Laundering Case Under PMLA, Rejects Discharge Application. Continuing Offence of Money Laundering and Retrospective Application of PMLA – Key Issues Addressed

Continuing Offence:– The offence of money laundering under the PMLA is a continuing offence, and the liability extends as long as the proceeds of cr...

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Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come wi...

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Supreme Court Quashes NGT Orders in Auroville Township Case, Upholds Statutory Master Plan. Court Reiterates Jurisdictional Limits of NGT and Emphasizes Sustainable Development in Auroville Township Dispute

Jurisdictional Limits of NGT: The NGT can only exercise jurisdiction when a substantial question relating to the environment arises from the implement...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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Bombay High Court Held That Retirement Includes Resignation—Entitlement to Pension Upheld

Resignation of a High Court Judge Does Not Forfeit Pensionary Benefits—Interpretation of “Retirement” Under High Court Judges (Salaries and Cond...

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Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration a...

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Development Agreement Construed as Conveyance Due to Transfer of Substantial Property Rights — Bombay High Court Dismissed Writ Petition Challenging Stamp Duty Classification

Distinction Between Conveyance and Development Agreement — Extensive Rights of Developer Held as Conveyance Under Maharashtra Stamp Act, 1958 Subst...