Search Results for "Performance Deposit"

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Search Results for "Performance Deposit"

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High Court

High Court of Judicature at Bombay Adjudicates FEMA Appeals by Special Director, Directorate of Enforcement Against Tribunal's Reduction of Penalty. Appeals Under Section 35 of Foreign Exchange Management Act, 1999 Challenge Reduction of Penalty from Rs.98.35 Crores to Rs.15 Crores in IPL Franchise Foreign Exchange Violations.

13 Dec 2023

The judgment delivered on 13 December 2023 by the Bombay High Court addressed statutory appeals filed by the Special Director, Directorate of Enforcem...

Supreme Court

Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

28 Oct 1969

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

Supreme Court

Supreme Court Allows Appellant in Contract Dispute Over Forfeiture of Security Deposit — Forfeiture Constitutes Penalty Under Section 74 of Indian Contract Act. Deposit Made as Security For Performance Is Not Earnest Money; Proof of Loss Necessary Where Compensation Can Be Assessed, and High Court Erred in Awarding Large Sum Without Evidence of Damage.

19 Aug 1969

The dispute arose out of two supply contracts entered into by Maula Bux with the Government of India in 1947 for the supply of potatoes, poultry, eggs...

High Court

Bombay High Court Allows Forfeiture of Earnest Money but Restrains Recovery of Security Deposit and Performance Guarantee from Other Contracts in Tender Dispute. The court held that a successful bidder who backs out must forfeit earnest money but cannot be subjected to recovery of security deposit and performance guarantee from other ongoing contracts without express provision.

31 Aug 2018

The petitioner, M/s. General Security and Information Services Private Limited, was a successful bidder in a tender issued by the Central Railway. Aft...

High Court

Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

23 Jan 2020

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...

Supreme Court

Supreme Court Allows State Appeal in Mining Contract Interest Dispute — Security Deposit Does Not Carry Interest Despite Delayed Refund When Contract Expressly Bars Interest. Clause 19 of Form-L Contract Under Punjab Minor Minerals Concession Rules, 1964 Precludes Interest on Security Deposit, and Section 34 CPC Does Not Apply to Contractual Deposits.

13 Jul 2026

The case involves appeals by the Appellants and its officers against a judgment of the Punjab and Haryana High Court which directed payment of interes...

High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

High Court

High Court of Madras Hears First Appeal against Denial of Specific Performance in Sale Agreement. Trial Court Denied Specific Performance Due to Non-Deposit of Balance Consideration, Appeal Filed Under Section 96 CPC.

26 Feb 2025

The dispute arose from a sale agreement dated 29.02.2016 between the appellant/plaintiff and respondent/defendant for purchase of the suit property fo...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

High Court

Gujarat High Court Considers Challenge to Tender Disqualification for Insignificant Shortfall in Earnest Money Deposit. The court examined whether the rejection of a tender due to a minor shortfall in earnest money deposit violates the doctrine of substantial compliance, under Article 226 of the Constitution.

6 Mar 2026

The petitioner, a construction firm operating as Pooja Scrap Traders, filed a writ petition under Article 226 of the Constitution of India before the ...

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