Search Results for "technical breach"

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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High Court of Bombay at Goa Allows Writ Petition Challenging Maintainability of Civil Revision Against Director's Order Under Section 66(7) of Goa Panchayat Raj Act. Order of Director of Panchayats under Section 66(7) is final and binding, and no Civil Revision lies under Section 201-B of the Act.

The petitioner, Competent Automobiles Company Ltd., applied for a licence to construct a Beach Resort at village Arossim, Goa, based on a technical cl...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. Court Holds That Scope of Interference Under Section 37 Is Limited and Impugned Order Did Not Suffer From Patent Illegality or Perversity.

The petitioners, Wind World (India) Limited and others, filed an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Allows Writ Petition Challenging Refusal to Appoint Recommended Candidate for Judicial Service — Failure to Disclose Adverse Material Violates Natural Justice. The Court Quashed Communications Denying Appointment and Directed Reconsideration After Providing Opportunity of Hearing.

The petitioner, Suhas Arun Malve, an advocate practicing since 2004, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, Fir...

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Bombay High Court Quashes Government's Refusal to Appoint Selected Judicial Candidate Based on Adverse Police Report Without Opportunity of Hearing. Selection Process for Civil Judge, Junior Division and Judicial Magistrate, First Class Must Be Fair and Transparent.

The petitioner, Suhas Arun Malve, an advocate since 2004, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class in...

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Bombay High Court Dismisses Preliminary Objection in Murder Conviction Appeals — Joint Trial of Two Sessions Cases Upheld. No Prejudice Found in Common Judgment Under Section 374(2) CrPC.

The case involves two criminal appeals arising from a common judgment dated 30.03.2016 in Sessions Trial Nos. 144/2012 and 233/2014. The appellants we...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...