Search Results for "contractual clause void"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "contractual clause void"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

20 Dec 2024

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

8 Jan 2024

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

High Court

High Court Dismisses Petition Challenging Arbitral Tribunal's Jurisdictional Ruling in Contract Dispute — Novation of Contracts and Non-Assignment of Arbitration Agreement. The court held that the original contracts were novated by subsequent agreements, and the arbitration clause did not pass to the petitioner by merger, thus the tribunal lacked jurisdiction.

20 Jul 2016

The petitioner, DLF Power Limited (now Eastern India Powertech Limited), filed a petition under Section 37 of the Arbitration and Conciliation Act, 19...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award Against Non-Signatories. The court held that a non-signatory can be bound by an arbitration agreement if there is a direct relationship with the signatory and the transaction, and that enforcement cannot be refused on grounds of public policy unless the award is contrary to the fundamental policy of Indian law.

18 Apr 2016

The applicant, Integrated Sales Services Limited, a Hong Kong company, obtained a foreign arbitral award dated 28 March 2010 from an International Arb...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

18 Apr 2016

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

High Court

High Court of Karnataka Considers Appeal Against Decree Declaring Sale Deed and Gift Deed Void in Property Dispute Involving KHB Lease-Cum-Sale Allotment. Court Examines Whether Subsequent Absolute Sale Deed by Housing Board Enures to Benefit of Transferee Under Section 43 of Transfer of Property Act, 1882.

17 Mar 2015

The litigation arose out of a dispute over a residential property allotted on lease-cum-sale basis by the Karnataka Housing Board (KHB) to S. Ranoji R...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

High Court

Bombay High Court Dismisses Petitions by Advocates Challenging Police Verification for Gun Licenses — No Fundamental Right to Carry Firearms. Requirement of Police Verification Under Arms Act, 1959 is a Reasonable Restriction and Not Arbitrary.

30 Nov -0001

The case involves five writ petitions filed by legal practitioners (advocates) challenging the requirement of police verification for grant of firearm...

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