Search Results for "Savings Clause"

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Dismisses Petition Challenging Cooperative Society Registration — Petitioner Lacks Locus Standi as Non-Member. Registration of Dayal Smruti Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 upheld as petitioner was not a member and had no right to object.

The petitioner, Rachana Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Dismisses Petition Challenging Exemption Order Under ULC Act Due to Reservation in Development Plan — Petitioner Failed to Implement Scheme Despite Exemption, No Ground for Modification After Repeal of ULC Act.

The petitioner, Smt. Sitabai Ramchandra Lonkar, filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 13th ...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...