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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...
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Search Results for "novatio"

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High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

High Court of Bombay Considers Challenge to Interim Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court Prima Facie Finds Interim Award Passed Without Considering Entire Pleadings and Grants Stay of Enforcement.

7 Aug 2019

The matter involved two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence.

10 Aug 2010

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of pro...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Upholds Award on Most Claims but Sets Aside Interest Rate. Dispute arose from delays in crude distribution system project; court held that arbitrator's findings on delay and damages were not perverse but interest rate of 18% was excessive and reduced to 9%.

30 Oct 2015

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30 June 2005 under Section 34 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Franchise Dispute — Upholds Award on Refund of Security Deposit and Interest but Sets Aside Award on Loss of Profit and Other Claims. Court holds that arbitrator's findings on breach of contract and damages were perverse and contrary to terms of franchise agreement.

14 Jul 2015

The petitioner, Kuoni Travels (India) Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Bombay High Court Dismisses Application for Appointment of Sole Arbitrator in Partnership Dispute — Arbitration Clause Requires Multiple Arbitrators. The court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the arbitration clause specifying 'arbitrators' in plural and 'one by each party' mandates appointment of multiple arbitrators, not a sole arbitrator.

4 Sep 2013

The case involves an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by Mrs. Perin Hoshang Davierwalla and anothe...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Allows Former CEO's Suit for Specific Performance of Early Retirement Agreement Against ICICI Bank. Court holds that once ICICI Bank accepted Mrs. Kochhar's early retirement, it could not unilaterally treat her services as terminated for cause, and that the clawback of bonuses and ESOPs was impermissible.

10 Nov 2022

The dispute arises from the employment relationship between Mrs. Chanda Kochhar, former Managing Director and CEO of ICICI Bank Ltd., and the bank. Mr...

High Court

Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — No Right, Title or Interest in Suit Property at Time of Agreement. Subsequent purchaser/developer not entitled to be impleaded under Order 1 Rule 10 CPC as decree would bind them.

20 Sep 2013

The Bombay High Court dismissed a chamber summons filed by M/s Space Developer, a registered partnership firm, seeking impleadment as a party defendan...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

2 Apr 2014

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

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