Search Results for "Enforceability"

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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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"Bombay High Court Judgment on Maintainability of Appeals in Execution Proceedings of Arbitral Awards" "Establishing the primacy of the Arbitration and Conciliation Act over procedural laws for appealability."

1. Introduction The case involved the maintainability of appeals against an order disposing of execution proceedings for an arbitral award. The core ...

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"Supreme Court Dismisses Appeal for Land Reversion in Conditional Gift Case" "Equity and constitutional principles triumph over unenforceable perpetual conditions in land gifts."

The Supreme Court of India, dismissed an appeal challenging a Punjab & Haryana High Court judgment that had overturned a trial court's decree con...

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Nagari Niwara Parishad vs. Municipal Corporation of Greater Mumbai: Property Tax Adjustment and Legal Complexities "Examining the interplay of rateable value, property tax adjustments, and legal obligations under the MMC Act."

This judgment addresses the appeals filed by Nagari Niwara Parishad, a public charitable trust, against the Municipal Corporation of Greater Mumbai (M...

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Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...

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Championing Accessibility: Supreme Court Mandates Barrier-Free Public Spaces. A Landmark Judgment Ensuring Equal Access to Public Spaces for Persons with Disabilities (PWDs)

The Supreme Court of India's judgment in Rajive Raturi v. Union of India underscores the right of persons with disabilities (PWDs) to accessible publ...

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Interpretation of "Change in Law" in Mega Power Policy. Defining the implications of policy modifications for Mega Power Projects under competitive bidding framework.

The Supreme Court examined whether a press release from October 1, 2009, announcing modifications to the Mega Power Policy, constituted a "change in l...

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"Supreme Court Upholds Arbitration Award in OPG Power Case: Acknowledgment of Debt Extends Limitation Period, OPG and Gita Power Held Jointly Liable"

The case of OPG Power Generation Pvt. Ltd. vs. Enexio Power Cooling Solutions India Pvt. Ltd. & Anr. revolves around a commercial dispute concerni...

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Supreme Court Reverses Acquittal in Cheque Bounce Case, Upholds Conviction. High Court and Appellate Court Decisions Overturned on Grounds of Legal Enforceability of Debt.

The Supreme Court of India, reversed the High Court's and the Appellate Court's decisions that had acquitted the respondent in a cheque bounce case un...