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Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

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NCLAT Dismisses Appeal of BEST Undertaking Against Liquidator's Rejection of Interest Claim and Secured Creditor Status in Liquidation of Spark Green Energy. Interest-Free Deposit Does Not Attract Interest, and Unregistered Charge Does Not Confer Secured Status Under IBC.

The appeal was filed by Brihanmumbai Electricity Supply and Transport Undertaking (BEST) against an order of the Adjudicating Authority (NCLT Mumbai B...

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Supreme Court: Promotional Trailers Do Not Create Contractual Obligations; No Deficiency in Service or Unfair Trade Practice. Creative Freedom in Art Protects Film Producers from Consumer Claims Regarding Missing Promotional Content.

The Supreme Court addressed whether a promotional trailer creates a contractual obligation or leads to an unfair trade practice under the Consumer Pro...

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High Court of Bombay Dismisses Appeal in Commercial Dispute Over Arbitral Award on Repairs and Interest. The court upheld the Single Judge's order setting aside findings on repairs as perverse and reduced interest rate from 18% to 9% per annum.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed by Interocean Shipping (India) Pvt Ltd against an order of the le...

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Supreme Court Upholds Tender Award in E-Auction Dispute Due to Technical Glitch and Lack of Arbitrariness. Connectivity failure at service provider's end justified resumption of auction; High Court's interference in commercial decision set aside.

The Supreme Court allowed the appeals filed by Bharat Coking Coal Ltd. (BCCL) against the judgment of the Jharkhand High Court, which had quashed the ...

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Bombay High Court Considers Writ Petitions by Contractor and Unions Over Payment of Increased Minimum Wages Under Municipal Solid Waste Tender. Dispute Centers on Implementation of General Body Resolution and Notification Under Payment of Wages Act, 1936.

The Bombay High Court, exercising writ jurisdiction under Article 226 of the Constitution of India, considered a batch of petitions arising from a mun...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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Bombay High Court Dismisses PIL Challenging MCGM Contract Awards in Public Interest Litigation. Court Finds No Irregularity in Tender Process and Upholds Validity of Contracts for Road Works.

The present Public Interest Litigation (PIL) was filed by Jayshree Ramakant Khadilkar Pande challenging the award of four contracts by the Municipal C...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...