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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Supreme Court Upholds Gauhati High Court Decision Striking Down Assam Rural Health Regulatory Authority Act, 2004 for Repugnancy with Indian Medical Council Act, 1956. Diploma in Medicine and Rural Health Care Held to Be a Medical Qualification Requiring Central Permission Under Section 10A of IMC Act.

The case involves appeals against the Gauhati High Court's judgment striking down the Assam Rural Health Regulatory Authority Act, 2004. The Assam Act...

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Bombay High Court Allows Restoration of RERA Appeals Dismissed for Non-Filing of Hard Copies. Procedural Compliance Must Not Override Substantial Justice Under Section 58 of RERA Act.

The judgment arises from three second appeals filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) by Kailash P...

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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...