Search Results for "suit and counterclaim"

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal's Refusal to Strike Out Additional Written Statement. Tribunal's Discretion to Allow Additional Pleadings Upheld Unless Prejudice Shown.

The petitioner, GTL Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.2.2006 passed...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Telecom Billing Dispute — Claim Barred by Section 15 of TRAI Act, 1997. Counterclaim for unpaid bills upheld with 12% interest as petitioner failed to challenge tariff orders before TRAI or Appellate Tribunal.

The petitioner, M/s. Kansan Communications Pvt. Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, ch...

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High Court of Karnataka Dismisses Defendant's Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Possession of 3 Guntas Land Decreed Based on Plaintiff's Title and Encroachment by Defendant.

The respondent/plaintiff Basappa filed a suit for possession in O.S. No.215/2006 before the Principal Civil Judge (Jr.Dn.), Mudhol, claiming ownership...

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Supreme Court Upholds Dismissal of Time-Barred Petition in Arbitration Dispute. State of West Bengal's Appeal Rejected; Three-Month Limitation Period Strictly Enforced

The State of West Bengal appointed the respondent as a contractor for bridge construction. Following a dispute, the respondent invoked arbitration, re...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...