Search Results for "Wilful default"

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Arbitral Award for Violation of Natural Justice and Public Policy. Failure to Provide Opportunity to Cross-Examine Key Witness and Non-Consideration of Vital Evidence Renders Award Patently Illegal.

The appellant, M/s Leaf Bio-Tech Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the order of the Ci...

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Bombay High Court Dismisses State's Appeal in Limitation Matter — Upholds Refusal to Condone Delay of 14 Months 10 Days. Court Holds That the Lower Appellate Court's Finding of No Sufficient Cause for Delay Was Not Perverse and Does Not Warrant Interference Under Section 100 CPC.

The State of Maharashtra, through the Collector, Gadchiroli, and other officers, filed a second appeal before the Bombay High Court, Nagpur Bench, cha...

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Supreme Court Allows Fresh Resolution Process for Corporate Debtor Despite Default by Successful Resolution Applicant. Time Spent in Litigation Excluded to Uphold Maximisation of Asset Value Under Insolvency and Bankruptcy Code, 2016.

The appeal arose from the corporate insolvency resolution process of Amtek Auto Limited, initiated under Section 7 of the Insolvency and Bankruptcy Co...

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Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

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Bombay High Court Allows Students' Petitions Challenging Debarment from Examination Due to Lack of Opportunity of Hearing. Debarment Order Violates Principles of Natural Justice as Students Were Not Given a Chance to Explain Before Being Barred from Appearing in Exams.

The petitioners, students of Mukesh Patel School of Technology, Management and Engineering (Respondent No.2), which is managed by Shri Vile Parle Kelw...