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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Alternate relief of refund of earnest money can be granted even without a specific prayer for declaration that cancellation of agreement was illegal.

The present Second Appeal was filed by the appellant, Maruti Dhondi Patil and Sandip Tukaram Patil, challenging the judgment and decree dated 17th Apr...

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Supreme Court Upholds 10% Deposit Condition in Arbitration Clause as Valid in Commercial Contracts. Clause requiring deposit-at-call of 10% of claim amount before invoking arbitration is not arbitrary or discriminatory under Article 14.

The case arose from a tender issued in 2008 by the Punjab State Water Supply & Sewerage Board for water supply and sewerage projects. The appellant, M...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Barred by Limitation and Failure to Prove Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, which affirmed ...

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Bombay High Court Allows Appointment of Arbitrator in Development Dispute — Consent Terms Creating Arbitration Agreement Are Valid and Enforceable Under Section 11 of the Arbitration and Conciliation Act, 1996. Court Appoints Substitute Arbitrator When Named Arbitrator Did Not Enter Upon Reference.

The applicant, Mohan Balkrishna Lulla, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an a...

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Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

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High Court of Karnataka Hears Writ Petitions Challenging Karnataka On-Demand Transportation Technology Aggregators Rules, 2016. Petitioners Allege Rules Are Ultra Vires Motor Vehicles Act, 1988 and Violate Fundamental Rights.

The writ petitions arose from the notification of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, by the State Government o...

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