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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Madras High Court Delivered Common Order in Writ Petitions Seeking FIR Registration and SIT Investigation into Alleged Cartelization in TANGEDCO Transformer Tenders. The Court Examined Allegations of Identical Bidding and Inflated Procurement Costs Causing Loss of Rs.397 Crores to Public Exchequer.

The judgment pertains to three writ petitions filed under Article 226 of the Constitution of India, heard analogously by the Madras High Court. The pe...

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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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Supreme Court Allows IRCTC's Appeals in Catering Contract Dispute, Restricts Interference Under Sections 34 and 37 of Arbitration Act. Court holds that High Court erred in re-appreciating evidence and substituting its own view over arbitrator's findings on tariff revision.

The Supreme Court allowed the appeals filed by Indian Railways Catering and Tourism Corporation Ltd. (IRCTC) and other parties, setting aside the Delh...

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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WRIT PETITION NO. 5539 OF 2017

The petitioner, M/s. Veekaylal Investment Co. Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India in the Bombay High Court...