Search Results for "contractual remedy"

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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 "contractual remedy"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Contract by MMRDA. Contractual Dispute with Arbitration Clause Not Amenable to Judicial Review Under Article 226 as Termination Was in Accordance with Contract Terms.

25 Feb 2025

The petitioner, Systra MVA Consulting (India) Pvt. Ltd., a company with 70% stake in Systra-SMCIPL Consortium, was appointed as General Consultant by ...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

25 Nov 2022

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

9 Jun 2022

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Contract Dispute. Court holds that invocation of unconditional bank guarantees must be honoured unless there is clear fraud or irretrievable injustice, and disputes over contract termination do not constitute fraud.

22 Mar 2022

The Appellant, Reliance Infrastructure Limited, entered into a contract with Respondent No.1, NLC India Limited, for the supply of coal under a Letter...

High Court

Bombay High Court Allows Writ Petition Challenging Termination of Contract by MSETCL — Holds Termination Without Show Cause Notice Violates Principles of Natural Justice and Contractual Stipulations. The court set aside the termination order and directed restoration of status quo ante, emphasizing that contractual clauses requiring show cause notice must be adhered to.

10 Jan 2022

The petitioner, Maha Active Engineers India Pvt. Ltd., was awarded a contract by the respondents, Maharashtra State Electricity Transmission Co. Ltd. ...

Supreme Court

Supreme Court Dismisses State's Appeal in Tender Cancellation Case — Violation of Natural Justice as Contractor Not Heard Before Termination of Contract. The Court Held That Principles of Natural Justice Require a Hearing Before Cancelling a Contract Awarded Through Tender, Even If Financial Irregularities Are Alleged.

11 Dec 2020

The case involves appeals by the State of Uttar Pradesh against a High Court judgment that set aside the cancellation of a contract awarded to Sudhir ...

High Court

Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

6 Nov 2020

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

High Court

Bombay High Court Dismisses University's Challenge to Reinstatement of Temporary Employees in Termination Dispute. Termination of Employees Without Prior Approval Under Section 58 of Maharashtra Universities Act, 1994 Held Illegal.

1 Aug 2014

The case involves a batch of writ petitions filed by Solapur University challenging a common order of the College Tribunal, Mumbai, dated 10 January 2...

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