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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Supreme Court Upholds Arbitral Award: Joint and Several Liability in Stock Trading Dispute. Oral Agreement Binding in Arbitration: Bombay Stock Exchange Bye-laws Interpreted.

The Supreme Court allowed the appeal, setting aside the High Court’s order and reinstating the arbitral award in its entirety. The Court held that:a...

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NSEL Scam: High Court Upholds Special Court’s Power to Summon Additional Accused Under Section 190 CrPC – NSEL’s Application Maintainable Despite Being an Accused

Bombay High Court Clarifies Scope of Section 190 CrPC in MPID Act Cases – Accused Can Seek Impleadment of Other Accused at Pre-Trial Stage The&...

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Deemed Conveyance Under Maharashtra Ownership Flats Act, 1963 (MOFA) — Civil Court Jurisdiction in Title Disputes — Quasi-Judicial Authority’s Scope — Premature Application for Deemed Conveyance

Constitution of India (COI) — Article 226 — Writ Jurisdiction — Civil Court’s Exclusive Authority on Title Disputes Maharashtra Ownership Fla...

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Delegation of Transport Permits Upheld. Supreme Court validates repeal of the Karnataka Contract Carriages (Acquisition) Act, 1976 and upholds the delegation of permit-granting powers to the Secretary, STA.

Validity of the 2003 Repeal Act – Upheld. The Supreme Court ruled that the Karnataka Legislature had full competence to repeal the 1976 Act without ...

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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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Bombay High Court Rejected Petition Seeking Renewal of License for Open Plot – Held No Enforceable Legal Right Under Article 226 of the Constitution of India

No Vested Right for Renewal of License Petition dismissed. Court held Petitioner had no vested legal right for renewal after expiry of license by e...

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Termination of long-serving municipal workers without due process – Illegal and violative of statutory rights.

Constitution of India, 1950 – Article 14, Article 16 Right to Equality – Arbitrary termination of long-serving workmen without compliance with sta...

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Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...