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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Dispute Over Non-Compete Clause Post-Termination. Validity of Restraint Clauses Beyond Termination Under Arbitration and Contract Law

The Bombay High Court addressed a dispute between Indus Power Tech Inc. (Appellant) and Echjay Industries Pvt. Ltd. (Respondent) over a non-compete cl...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Dismisses Employee's Suit for Wrongful Termination - Acceptance of Severance Package Bars Challenge. Contract of Employment Not Specifically Enforceable Under Specific Relief Act, 1963.

The plaintiff, Shanker Basu, was employed as head of corporate division of KBC Bank N.V. under a contract dated 19th June 2000. His services were term...

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Bombay High Court Delivers Judgment on Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. The Petition Challenged Interim Measures Granted by Arbitral Tribunal in Terminalling Service Agreement Dispute.

The petitioner, Gujarat Chemical Port Terminal Co. Ltd., constructed port terminal facilities at Dahej, Gujarat, including tanks for handling and expo...

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Bombay High Court Quashes Termination of Solid Waste Management Contract Without Notice. Municipal Commissioner's Order Set Aside for Violation of Natural Justice and Contractual Terms.

The petitioner, AG Enviro Infraprojects Private Limited, a company engaged in solid waste management, had entered into a contract with the Pimpri-Chin...

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Supreme Court Dismisses Revenue’s Appeal, Holding Compensation for Partial Termination of Agency is Capital Receipt. Termination of Agency for Territory Outside Hyderabad State Results in Sterilisation of Capital Asset, Not Taxable as Business Income Under Indian Income-tax Act, 1922.

The dispute arose from the income tax assessment of Messrs. Vazir Sultan & Sons, a registered firm, for the assessment year 1951-52. The firm was appo...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in LPG Distributorship Termination Dispute. Clause 29 of Distributorship Agreement Allowed Termination Without Assigning Reasons, and Arbitrator's Findings Were Not Perverse or Contrary to Public Policy.

The petitioner, M/s. Prasad Gas Agency, was appointed as a distributor of LPG (Bharat Gas) by the respondent, Bharat Petroleum Corporation Limited, un...

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Bombay High Court Quashes Termination of Solid Waste Management Contract for Violation of Natural Justice. Municipal Commissioner's Order Set Aside for Non-Compliance with Contractual Termination Clause and Principles of Audi Alteram Partem.

The petitioner, AG Enviro Infraprojects Private Limited, a company engaged in solid waste management, challenged the order dated 31st October 2018 pas...