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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

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Supreme Court Dismisses SLP Against Rejection of Review in Arbitration Dispute — Earlier SLP Against Main Judgment Dismissed Without Liberty. Principle of Finality Bars Subsequent Challenge to Review Order.

The Supreme Court dismissed special leave petitions filed by Patel Engineering Ltd. against the High Court of Meghalaya's order rejecting their review...

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Supreme Court Dismisses Bank's Appeal Against National Textile Corporation in Pre-Nationalisation Dues Dispute. Claims for pre-nationalisation period cannot be enforced against the successor entity under the Textile Undertakings (Nationalisation) Act, 1995.

The dispute arose from credit facilities extended by UCO Bank (appellant) to Shree Sitaram Mills Ltd., which was taken over by the National Textile Co...

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Supreme Court Partially Allows Appeal of Employees Union in ONGC Regularization Case. Court Holds That Irregularly Appointed Term Employees Are Entitled to Regularization from Date of Initial Appointment but Only Notional Benefits Retrospectively and Actual Pay from Date of High Court Order.

The dispute arose from the appointment of about 800 term-based employees by Oil & Natural Gas Corporation (ONGC) between 1999 and 2001 for Class III a...

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Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...