Search Results for "contractual discretion"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "contractual discretion"

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Supreme Court

Supreme Court Dismisses Appeals by Competition Commission of India and Kapoor Glass in Abuse of Dominance Case — No Abuse Found in Volume Discounts and Contractual Terms by Dominant Glass Tubing Manufacturer. The court held that volume discounts are not per se abusive under Section 4 of the Competition Act, 2002, and that the evidence did not establish anti-competitive foreclosure or refusal to supply.

30 Jun 2025

The case arises from an information filed by Kapoor Glass India Pvt. Ltd. on 25 May 2010 under Section 19 of the Competition Act, 2002, alleging that ...

Supreme Court

Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

3 Mar 2023

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

Supreme Court

Supreme Court Allows Appeals in Tender Dispute, Restoring Authority's Decision on Technical Disqualification. The Court held that judicial review of tender decisions is limited to examining arbitrariness, and the tender inviting authority's interpretation of 'same or similar category products' was not perverse or irrational, thus upholding the rejection of the bid based on past performance criteria.

31 Jan 2022

The dispute originated from a Notice Inviting Tender issued by Navodaya Vidyalaya Samiti for the supply of tablets for school children. The tender inc...

Supreme Court

Supreme Court Dismisses Appeal in Tender Dispute, Upholding Limited Judicial Review Under Article 226 of Constitution of India. The Court Reiterated That Judicial Interference in Tender Awards is Restricted to Cases of Arbitrariness or Irrationality, and Courts Must Defer to the Tendering Authority's Interpretation of Contract Terms.

17 Sep 2021

The Supreme Court of India addressed a civil appeal concerning the scope of judicial review in tender matters under Article 226 of the Constitution. T...

Supreme Court

Supreme Court Allows Appeals by Captive Power Producers in Hydel Policy Dispute Over Water Royalty Charges. The court held that the agreements incorporating the government policy did not impose water royalty liability on captive power producers, distinguishing them from independent power producers under the policy framework.

6 Sep 2021

The dispute arose from appeals filed by M/s. Indsil Hydro Power and Manganese Limited (INDSIL) and Carborundum Universal Limited (CUMI) against a comm...

High Court

Bombay High Court Fixes Interim Compensation for Tenant Pending Eviction Revision — Mesne Profits Determined Based on Valuer Reports and Rental Market. Tenant Ordered to Pay Rs.25,000 Per Month as Interim Compensation Under Section 12 of Maharashtra Rent Control Act, 1999.

21 Jun 2019

The case involves a civil revision application filed by the tenant, Previn Govind Sharma, against an eviction decree passed by the Appellate Bench of ...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

30 May 2019

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

High Court

High Court of Bombay Allows Second Appeal in Interest Calculation Dispute — Appellant Entitled to Interest on Unpaid Rent from Date of Demand, Not Date of Suit. Court clarifies that under Section 34 of the Code of Civil Procedure, 1908, interest for the period prior to suit can be granted at the contractual rate or under the Interest Act, 1978, and the court has discretion to award interest from the date of demand.

16 Oct 2018

The appellant, Sahebrao Patil, filed a suit against the Municipal Council, Pachora, for recovery of unpaid rent and other amounts due under a lease ag...

High Court

Bombay High Court Partly Allows Municipal Council's Petition in Daily Wager Reinstatement Case — Full Backwages Denied. Reinstatement with continuity upheld but backwages set aside as employees failed to prove unemployment under Industrial Disputes Act, 1947.

30 Jul 2010

The Municipal Council, Rajura, filed three writ petitions challenging the orders of the Labour Court, Chandrapur, and the Industrial Court, Maharashtr...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

22 Feb 2005

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...

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