Search Results for "contractual discretion"

557 result(s) found

Scroll Down To Discover

Found 557 result(s)

© Image Copyrights Juris Services & Technology

High Court Dismisses Arbitration Application and Petition for Interim Measures in Partnership Dispute Over Commercial Project. No Arbitration Agreement Found in Memorandum of Understanding Dated 16 October 2017 Under Sections 9 and 11 of Arbitration and Conciliation Act, 1996, Thus Relief Denied.

The dispute arose from a partnership firm, Respondents, involved in developing 'Ventura Commercial Hub'. The petitioner, was admitted as a partner in ...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Petition Challenging Disqualification in Tender for Pumping Machinery at MIDC Water Treatment Plant. Court holds that disqualification based on alleged non-submission of required documents was arbitrary and contrary to tender conditions.

The petitioner, M/s Yogiraj Powertech Pvt. Ltd., participated in a tender process issued by the Maharashtra Industrial Development Corporation (MIDC) ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Tender Condition Requiring Prior MIDC Experience in Power Supply Tender. Condition Held Arbitrary and Violative of Article 14 of the Constitution of India.

The petitioner, Royal Power Turnkey Implements Pvt. Ltd., a private limited company, challenged a tender notice issued by the Maharashtra Industrial D...