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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Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.

15 Oct 2024

The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible.

21 Jan 2022

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an a...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Assignment of Contractual Rights Requires Consent of Original Party. The Court held that assignees cannot enforce specific performance against original owners without their consent, as the original vendees' rights were extinguished by withdrawal of suit and cancellation of agreement.

25 Nov 2019

The case involves four suits for specific performance filed by Respondent Nos. 1 (assignees) against the Appellants (original owners) based on agreeme...

High Court

Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

30 Nov 2018

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

16 Aug 2018

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

Supreme Court

Supreme Court heard cross-appeals from NCLAT order partly reversing NCLT’s finding on trademark ownership during CIRP; cross-appeal challenged NCLT’s jurisdiction to determine title under Section 60(5) IBC.

1 Jan 1970

The dispute originated in the corporate insolvency resolution process of Fort Gloster Industries Limited (corporate debtor), which was admitted into C...

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