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High Court of Gujarat Allows Appeal in Contract Dispute — Remands for Fresh Trial Due to Improper Issue Framing. Trial court's failure to frame proper issues and appreciate evidence regarding delay in construction contract warrants remand for fresh adjudication of suit and counterclaim.

The present first appeal arises from a judgment and decree dated 8th March 2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj, ...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand.

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kat...

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Supreme Court Allows Insurance Claim in Fire Damage Case — Surveyor Reports Cannot Be Ignored Without Valid Reasons. Appointment of Multiple Surveyors Without Justification Leads to Adoption of First Surveyor's Report Under Section 64UM of Insurance Act, 1938.

The case involves a dispute between M/s New India Assurance Co. Ltd. (Insurance Company) and M/s Luxra Enterprises Pvt. Ltd. (Complainant), an industr...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Railway Contract Dispute — Clause 17(iii) Bars Compensation for Delay. Contractor's Claims for Under-Utilisation of Labour, Overhead Charges, and Loss of Profits Rejected Due to Express Contractual Prohibition.

The case involves an appeal by M/s. Bombay Railways Engineering Co. against the General Manager, Central Railway, arising from a challenge to an arbit...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award in Construction Contract Dispute. The court restored the arbitral award holding that the Single Judge exceeded jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 by reappreciating evidence.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 16 January 2009 under Sectio...

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Bombay High Court Dismisses State's Appeal in Arbitration Case. Court upholds arbitral award allowing contractor's claims for hidden expenses and interest, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra, through the Irrigation Department, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

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Bombay High Court Allows Writ Petition Challenging Electricity Tower Construction on Agricultural Land Without Consent. Landowners' Rights Under Article 300A of the Constitution Upheld Against State's Unilateral Action.

The petitioners, Kishor s/o Ravindra Zope, Pradip s/o Ravindra Zope, and Pushpabai (Punyabai) w/o Ravindra Zope, are agriculturists residing in Warang...