Search Results for "contractual discretion"

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Supreme Court Allows State to Enhance Royalty/Dead Rent in Mining Leases Despite Absence of Express Clause. Statutory Provisions Under Section 15(3) of MMDR Act and Rules 10 and 21 of Punjab Minor Mineral Concession Rules, 1964 Impliedly Authorize Enhancement During Subsistence of Lease.

The Supreme Court considered two civil appeals arising from Special Leave Petitions filed by the State of Haryana against judgments of the Punjab and ...

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Bombay High Court Dismisses Licensee's Writ Petition Seeking Mandamus for License Renewal Against MIDC. Licensee Has No Vested Right to Compel Statutory Authority to Allot Land After Expiry of License.

The petitioner, Sisters Of Our Lady Fatima, a trust running a school, was granted a license by the Maharashtra Industrial Development Corporation (MID...

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High Court of Karnataka Quashes Blacklisting Order Against Pharmaceutical Distributor for Violation of Natural Justice. Blacklisting Without Show Cause Notice and Opportunity of Hearing Held Invalid Under Article 226 of Constitution of India.

The petitioner, M/s. Sujal Pharma, a proprietorship firm engaged in pharmaceutical distribution, challenged a blacklisting order dated 29.10.2021 issu...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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Bombay High Court Dismisses Appeal in Contract Dispute Between Partnership Firm and Municipal Council — Interest Rate of 9% Upheld. Claim for 18% Interest Not Supported by Contract or Evidence Under Section 34 CPC.

The appellant, a partnership firm, filed a suit against the Faizpur Municipal Council for recovery of amounts due under a construction contract. The t...

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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...