Search Results for "prior finding binding"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "prior finding binding"

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High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Pipeline Project Dispute — Interest Modified to Simple Interest. The court held that pre-reference interest was not permissible under the contract and compound interest was contrary to the agreement, modifying the award to simple interest at 18% per annum from the date of the award.

28 Jul 2015

The petitioner, Hindustan Petroleum Corporation Limited (HPCL), challenged an arbitral award dated 21 February 2012 under Section 34 of the Arbitratio...

Supreme Court

Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

12 Apr 2012

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

8 Apr 2011

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

High Court

Bombay High Court Allows Appointment of Arbitrator in Shareholder Agreement Dispute Despite Respondent's Objections. Court Appoints Sole Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 After Prior Judgment Confirmed Validity of Arbitration Clause.

8 Sep 2010

The applicant, Mr. Rajiv Vyas, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitral ...

High Court

Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

31 Mar 2017

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

High Court

Bombay High Court Allows Plaintiff's Challenge to Compromise Decree in Suit for Specific Performance — Compromise Not Binding as Plaintiff's Advocate Had No Authority to Enter into Compromise Without Express Consent. The court held that an advocate's implied authority does not extend to compromising a suit without the client's express consent, and the trial court erred in rejecting the plaintiff's application under Order 23 Rule 3 CPC.

20 Jun 2016

The petitioner, Ashok Babulal Agrawal, was the original plaintiff in Special Civil Suit No. 29 of 2011 filed in the Court of Civil Judge, Senior Divis...

High Court

Bombay High Court Dismisses Plaintiff's Appeal Against Denial of Interim Injunction in Trade Mark Passing Off Dispute, Holding No Prima Facie Case or Balance of Convenience. Phonetic Similarity of 'CHYMTRAL FORTE' to 'CHYMORAL FORTE' Insufficient for Interim Relief Where Drugs are Schedule H Prescription Medicines and Public Interest Favors Affordable Pricing.

17 Nov 2017

The dispute arose from Torrent Pharmaceuticals Limited's claim that Wockhardt Limited and East African (India) Remedies Pvt. Ltd. were passing off the...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

High Court

Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

23 Feb 2005

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

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