Search Results for "contractual remedy"

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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 Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "contractual remedy"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

20 Dec 2024

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Bridge Construction Dispute — No Interference Under Section 37 of Arbitration Act as Award Not Perverse or Contrary to Public Policy. The court upheld the arbitral tribunal's interpretation of contract clauses regarding fixed and variable costs, finding no patent illegality or perversity.

23 Sep 2022

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against a Single Judge's order dismissing a Section 34 pet...

Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

Supreme Court

Supreme Court Allows Appeals in Coal Mines (Special Provisions) Act Case, Overturning High Court's Grant of First Right of Refusal. The Court Held That Section 11 of the Act Does Not Confer a First Right of Refusal and Upheld the Competitive Bidding Process for Appointing a Mine Developer-cum-Operator.

21 Sep 2021

The Supreme Court of India heard civil appeals arising from special leave petitions concerning a dispute over the interpretation of Section 11 of the ...

Supreme Court

Supreme Court Quashes High Court Order for Recovery and Police Complaints in Tender Dispute. The Court held that recovery of payments to successful tenderer is premature without due process and that public interest litigation cannot be initiated by business competitor with personal grievance, directing contractual performance instead.

17 Aug 2021

The dispute arose from a tender process for purchase of E-learning kits under the Sarva Shiksha Abhiyan scheme by Zilla Parishad, Washim. The appellan...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Favour of Contractor in Postal Department Contract Dispute — Claims for Idle Labour, Machinery, and Loss of Profit Held Not Supported by Evidence and Contrary to Contract Terms. The court held that an arbitrator cannot award damages for idle resources or loss of profit without proof of deployment or anticipated profits, and such awards are perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2020

The Petitioner, Union of India through the Postal Department, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

29 Jul 2019

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

High Court

Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

12 Dec 2005

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Lease Dispute — Lease Deemed Determined by Efflux of Time Under Section 111(a) of Transfer of Property Act, 1882. The lease was for a fixed term of three years and expired on 31st January 1971; the lessee's continued possession did not create a new lease.

29 Apr 2005

The case involves a civil revision application filed by Hindustan Petroleum Corporation Ltd. (original defendants) against K. Raheja Reality Pvt. Ltd....

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