Search Results for "escalation claims"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
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Search Results for "escalation claims"

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High Court

High Court of Karnataka Examines Challenge to Commercial Court’s Dismissal of Section 34 Petitions Upholding Arbitral Awards on Escalation Claims. Dispute Arises Out of Delays in Five Hospital Renovation Projects Undertaken by Contractor and Alleged Breach of Contract by Government Entities.

19 Sep 2024

The appellant, a contractor, was the successful bidder for 14 projects relating to the renovation and expansion of various government hospitals in Kar...

High Court

High Court of Karnataka Dismisses Appeal by Town Municipality in Land Acquisition Compensation Case — Reference Held Within Limitation. Court upholds reference filed under Section 18 of Land Acquisition Act, 1894 as within time, rejecting appellant's limitation plea based on lack of evidence of valid award notice.

18 Apr 2024

The Town Municipal Council, Holenarasipur, the beneficiary of land acquisition, appealed against the judgment and award dated 30.01.2020 passed by the...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

High Court

Bombay High Court Considers Writ Petitions by Contractor and Unions Over Payment of Increased Minimum Wages Under Municipal Solid Waste Tender. Dispute Centers on Implementation of General Body Resolution and Notification Under Payment of Wages Act, 1936.

26 Oct 2018

The Bombay High Court, exercising writ jurisdiction under Article 226 of the Constitution of India, considered a batch of petitions arising from a mun...

High Court

High Court of Bombay at Nagpur Partly Allows Appeal by Employer in Arbitration Matter — Reduces Interest Rate from 18% to 12% per annum. The court upheld the arbitral award on merits but modified the interest component, holding that 18% interest was excessive under Section 29 of the Arbitration Act, 1940.

8 May 2015

The appellants, Central Mine Planning & Design Institute Ltd., a Union of India undertaking, had invited tenders for construction work. The respondent...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in MTNL v. B. Bhamra Construction Co. — Escalation Claims Barred by Contractual Clause Despite Extension of Time. The court held that an arbitrator cannot award escalation costs contrary to an express contractual bar, even if the contract period is extended by consent.

7 Feb 2012

The Petitioner, Mahanagar Telephone Nigam Ltd (MTNL), challenged an arbitral award dated 31st October 2009 passed by a sole arbitrator under Section 3...

High Court

Bombay High Court Dismisses State Appeals in Land Acquisition Compensation Cases, Upholds Enhanced Compensation for Acquired Lands. Court holds that claimants are entitled to compensation based on market value determined by sale instances and potential of land, with statutory benefits under Land Acquisition Act, 1894.

30 Nov -0001

The present group of appeals arises from land acquisition proceedings initiated by the State of Maharashtra for the Karanjwan Dam Project in Nashik. T...

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