Search Results for "equitable principle"

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award holding borrowers jointly and severally liable for Rs.9.88 crore with interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Abid & Company Steels Private Limited and its directors, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1...

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High Court of Karnataka Disposes of Appeals Against Interim Injunction in Temple Pooja Rights Dispute. Appeals under Section 104 read with Order XLIII Rule 1(r) CPC challenge trial court's order restraining interference with hereditary archakas' rights at Shree Mahabaleshwara Temple.

The miscellaneous first appeals arose from a common order dated 2020-02-19 passed in Original Suit No. 2 of 2016 by the Principal District and Session...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Allows Writ Petition Challenging Arbitrary Cancellation of Tender Award. State Warehousing Corporation's Cancellation of Contract Without Reasons or Hearing Held Unreasonable.

The petitioner, M/s Bhagwati Builders, a proprietary concern of Vijay Agrawal, participated in a tender issued by Respondent No.1, Maharashtra State W...