Search Results for "liquidated damages"

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Search Results for "liquidated damages"

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Supreme Court

Supreme Court Quashes High Bid in Mining Lease e-Auction, Orders Fresh Auction and Penalty. Supreme Court finds error in 140.10% bid to be a genuine mistake, mandates a fresh e-auction while imposing a Rs 3 crore penalty on appellant for lack of due care.

15 Jul 2024

Granted leave to appeal against the judgment of the High Court of Orissa, which dismissed the writ petition of the appellant who had mistakenly placed...

Supreme Court

Supreme Court on Industrial Sickness and Compound Interest. The Supreme Court addresses the interplay of the Sick Industrial Companies Act (SICA) and compound interest claims in a case involving HDPE bag supply and payment disputes.

26 Apr 2024

Applicability of Section 22(1) of the Sick Industrial Companies Act, 1985 (SICA) – Whether the bar on legal proceedings under Section 22 applies t...

Supreme Court

Supreme Court Sets Aside APTEL Order on Delay Condonation in Wind Power Project and Restores CERC Order. The Court held that directing the condoned delay period to commence from the APTEL judgment date was irrational and contrary to the Power Purchase Agreement scheme, and restored the CERC order which properly computed extensions based on actual events.

27 Feb 2024

The Supreme Court heard a civil appeal concerning a dispute over delay condonation in the commissioning of a wind power project under Power Purchase A...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Over Contract Termination and Interest Dispute. The court upheld the High Court's setting aside of arbitral award parts on forfeiture of security deposits and interest on certain advances, citing impermissible clause switching and lack of contractual basis for interest.

17 Mar 2023

The dispute arose from a construction contract between Indian Railway Construction Company Limited (IRCON) and National Buildings Construction Corpora...

Supreme Court

Supreme Court Dismisses Appeal in MRTP Act Case Upholding Commission's Finding of No Unfair Trade Practices. The Court Held That Extra Charges and Cancellation of Apartment Allotment Were Contractual and Did Not Constitute Unfair Trade Practices Under Sections 36-A and 36-B of the Monopolies and Restrictive Trade Practices Act, 1969.

25 Jan 2022

The appeal arose from a judgment dated 19.01.2009 by the Monopolies and Restrictive Trade Practices Commission, New Delhi, which dismissed a complaint...

Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration and Conciliation Act, 1996 Case Involving Breach of Settlement Deed. The Court held that the arbitration qualified as an international commercial arbitration under Section 2(1)(f) and that judicial interference under Section 34 was unwarranted, restoring the award of US$ 1.5 million as liquidated damages for breach of the Deed of Settlement dated 03.01.2011.

10 Nov 2021

The dispute arose from a soured business association between shareholders in Atlas Equifin Private Limited, India, which held shares in Multi Screen M...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Deduction Case Under Section 43B Explanation 3C. Interest Converted into Debentures Not Deemed Actually Paid as Per Retrospective Amendment, Disallowing Deduction Under Income Tax Act, 1961.

11 Aug 2021

The dispute arose from an appeal by M.M. Aqua Technologies Ltd. against the Commissioner of Income Tax, Delhi-III, concerning the interpretation of Se...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

Supreme Court

Supreme Court Upholds Karnataka Electricity Regulatory Commission's Order Imposing Liquidated Damages and Tariff Reduction in Solar Power Project Dispute. The court held that the Scheduled Commissioning Date was 16.10.2017, and since injection of power into the grid occurred on 17.10.2017, the projects were delayed, justifying penalties under the Power Purchase Agreement.

3 May 2021

The appeals arose from a judgment of the Appellate Tribunal for Electricity, which reversed an order by the Karnataka Electricity Regulatory Commissio...

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