Search Results for "contractual clause void"

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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. ...
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Search Results for "contractual clause void"

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Supreme Court

Supreme Court Examines Whether Election Petition Against President Merits Regular Trial. Petitioner Raises Office of Profit Disqualification Under Article 58(2) as Chairman of Indian Statistical Institute.

1 Aug 2026

The petitioner, a candidate in the Presidential elections held on 19 July 2012, challenged the election of the respondent to the office of President o...

High Court

High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award and District Court Order in Partnership Dispute. Court holds that findings of fact by arbitrator are not open to reappreciation under Section 34 unless perverse or contrary to public policy.

2 Apr 2026

The appellants, M. Mallikarjuna and Smt. Rajeshwari Mallikarjuna, filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996...

Supreme Court

Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

19 May 2023

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

Supreme Court

Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

23 Mar 2023

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

High Court

Bombay High Court Allows Former CEO's Suit for Specific Performance of Early Retirement Agreement Against ICICI Bank. Court holds that once ICICI Bank accepted Mrs. Kochhar's early retirement, it could not unilaterally treat her services as terminated for cause, and that the clawback of bonuses and ESOPs was impermissible.

10 Nov 2022

The dispute arises from the employment relationship between Mrs. Chanda Kochhar, former Managing Director and CEO of ICICI Bank Ltd., and the bank. Mr...

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 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 ...

High Court

Bombay High Court Pronounces Judgment in Batch of Writ Petitions Challenging Constitutional Validity of Section 295 Amendment and Demand for Unearned Income Under Maharashtra Land Revenue Code. The Lead Petition Involved Assignment of Leasehold Rights and a Demand of Over Rs. 94 Crores, With the Petitioners Alleging the Retrospective Amendment Violated Articles 14 and 19(1)(g).

3 May 2018

The judgment pertained to a batch of four writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Ordinary O...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in BPCL Contract Dispute — Unilateral Appointment Clause Invalid Under Section 12(5) of Arbitration Act. The court held that an arbitration clause giving one party the sole right to appoint an arbitrator is invalid under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and appointed an independent arbitrator.

26 May 2017

The applicant, DBM Geotechnics & Constructions Pvt Ltd (DBM), filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

8 Aug 2016

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

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