Search Results for "Counter claim"

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Bombay High Court Quashes Arbitral Award in Railway Dispute Due to Lack of Reasons and Violation of Natural Justice. Arbitral Tribunal Improperly Relied on Undisclosed CVC Report and Failed to Justify Rejection of Contractor's Claims Under Contractual Note.

The dispute arose from a contract dated 21 March 1986 between East India Construction Company and Union of India through the Chief Engineer (Construct...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

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Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act.

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliatio...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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High Court of Madras Dismisses Appeal Under Section 37 of Arbitration Act Upholding Setting Aside of Arbitral Award for Perversity. Single Judge Correctly Found That Award Granting Damages for Loss of Business and Non-Supply Ignored Exclusion Clause and Lacked Evidentiary Basis.

The appeal arose from a dispute between a construction and engineering company (appellant) and an elevator manufacturer (first respondent) regarding c...