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Search Results for "damages"

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Supreme Court

Supreme Court Allows Appeals in Tender Dispute, Restoring Authority's Decision on Technical Disqualification. The Court held that judicial review of tender decisions is limited to examining arbitrariness, and the tender inviting authority's interpretation of 'same or similar category products' was not perverse or irrational, thus upholding the rejection of the bid based on past performance criteria.

31 Jan 2022

The dispute originated from a Notice Inviting Tender issued by Navodaya Vidyalaya Samiti for the supply of tablets for school children. The tender inc...

Supreme Court

Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

31 Jan 2022

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

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 Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

Supreme Court

Supreme Court Allows Appeal in National Green Tribunal Act Case Due to Improper Dismissal of Environmental Application. The NGT Erred in Relegating Specific Environmental Grievances to a Committee Without Adjudicating on Merits, Violating Its Statutory Duty Under Sections 14 and 15 of the National Green Tribunal Act, 2010.

21 Jan 2022

The appeal arose from a judgment and order of the Principal Bench of the National Green Tribunal dated 28 September 2018, which dismissed Original App...

Supreme Court

Supreme Court Partially Allows Claimant's Appeal in Motor Accident Compensation Case for Enhanced Non-Pecuniary Damages. The Court enhanced compensation under heads of loss of amenities and pain/suffering by Rs. 2,00,000, finding original awards inadequate given grievous injuries, 82% permanent disability, and bedridden condition of the claimant under the Motor Vehicles Act, 1988.

21 Jan 2022

The Supreme Court addressed an appeal concerning compensation enhancement in a motor accident claim case. The claimant, who suffered grievous injuries...

Supreme Court

Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

19 Jan 2022

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

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