Search Results for "reciprocal promises"

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Gujarat High Court Partly Allows State's Appeal in Contract Dispute, Reduces Interest Rate from 15% to 9% per annum. Court holds that pendente lite and future interest in commercial contracts should be at the contractual rate or 9% per annum under Section 34 CPC, not 15% as awarded by trial court.

The State of Gujarat, as original defendant, appealed against the judgment and decree dated 30.04.2003 passed by the 6th Joint Civil Judge, Vadodara i...

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High Court Dismisses Appeal by Wipro Enterprises in Ex-Gratia Payment Dispute -- Upholds Money Decree Under Indian Contract Act, 1872 and CPC for Employee's Recovery Suit

The High Court dismissed an appeal by Appellant against a money decree favoring Respondent for an ex-gratia payment of Rs. 6,32,000/- -- The responden...

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Arbitration Battle Over Ganatra Hotels: Panchamias vs. Ganatra Group. Complex Dispute Involving Share Transfers, Valuation Discrepancies, and Legal Contentions Reaches Judicial Review

This case involves two connected Commercial Arbitration Petitions arising from an Arbitral Award dated 5th April 2016. The primary parties are the Pan...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for not wearing helmet and causing accident with truck, reducing insurer's liability under Motor Vehicles Act, 1988.

This appeal arises from a motor accident claim where the deceased, Sanjay Patil, died in a collision between his motorcycle and a truck. The claimants...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award on Liquidated Damages. Court Holds That Arbitrator's Findings on Delay and Deduction of Liquidated Damages Were Plausible and Not Perverse, Setting Aside Single Judge's Order Under Section 34.

The case arises from a construction contract between Raheja Universal Pvt. Limited (appellant) and B.E. Billimoria & Co. Limited (respondent) for a pr...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

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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.

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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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...