Search Results for "order allowing counter claim"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "order allowing counter claim"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

High Court

Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

8 Aug 2024

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

High Court

High Court of Karnataka Allows Appeal in Commercial Arbitration Dispute Over Supply of Gloves — Restores Arbitral Award with 18% Interest. The Commercial Court's interference with the arbitral award on interest rate and remand for quantification was beyond the scope of Section 34 of the Arbitration and Conciliation Act, 1996.

5 Oct 2023

The appeal arises from a commercial dispute between M/s Ethix Alloy (appellant) and HLL Lifecare Limited (respondent) concerning a contract for the su...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

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 Allows Appeal in Admiralty Suit — Vessel Arrest Set Aside for Lack of Same Beneficial Ownership. The court held that the arrest of a vessel under admiralty jurisdiction requires proof that the vessel is in the same beneficial ownership as the charterer liable for the claim, and mere common control or management is insufficient.

9 Dec 2019

The case involves a commercial appeal filed by Rainbow Ace Shipping S.A. Panama, the registered owner of the vessel M.V. Rainbow Ace, against an order...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — Upholds Award of Damages for Unauthorized Share Transactions. Court holds that arbitral tribunal's findings on unauthorized trades and liability of broker are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

30 Jul 2013

The petitioner, Kotak Securities Limited, a registered stock broker, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 c...

High Court

Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award in Trust and Coverage Dispute. Majority Award Upheld as Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

21 Jan 2013

The petitioner, The New India Insurance Company Limited, challenged an arbitral award dated 27 July 2009 passed by a three-member Arbitral Tribunal un...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute — No Grounds Under Section 34 of Arbitration and Conciliation Act, 1996 Established. Court held that factual findings of arbitrator cannot be re-opened in Section 34 proceedings and that claims not pressed cannot be revived.

12 Oct 2011

The Petitioner, M/s. Ambika Construction Co., was the original claimant in an arbitration arising out of a construction contract for a Plant Quarantin...

High Court

Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

15 Sep 2010

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...

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