Search Results for "Damages"

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Arbitration – Liquidated Damages – Scope of Judicial Review under the Arbitration Act, 1940 – Interpretation of Contractual Terms – Performance Guarantees – Section 74 of the Indian Contract Act, 1872 – High Court’s Power to Set Aside Arbitral Awards.

The Supreme Court dismissed the appeal, upholding the High Court’s finding that the claim of ₹68.15 lakhs was speculative and beyond the contract...

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Compensation Enhanced – Medical Board's Opinion on Disability Upheld – Future Prospects Considered

Motor Vehicles Act, 1988 – Permanent Disability – Future Prospects – Attendant Charges – Pain and Suffering – Compensation Enhanced Based on...

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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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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...

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"Justice for Appelants: Ensuring Full Compensation for a Life Altered Irreversibly" Supreme Court enhances compensation for a minor severely injured in a road accident, balancing pecuniary and non-pecuniary damages.

The Supreme Court enhanced the compensation awarded to Baby Sakshi, a minor victim of a road accident that left her with 75% permanent disability due ...

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"State of Maharashtra v. Deepak Buradkar: A Clash of Law, Ownership, and Justice" Balancing rights, procedural rigor, and allegations of malice in timber trade.

This case deals with a legal battle over the confiscation of timber logs, allegations of unauthorized transportation, malicious prosecution, and the e...

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Corporate Insolvency Resolution and Moratorium Effects on Judicial Deposits" The judgment addresses the interplay between the Insolvency and Bankruptcy Code (IBC) moratorium provisions and judicial deposits in appellate proceedings.

This case examines Siti Networks Ltd.'s request to withdraw funds deposited in court as part of an ongoing appellate proceeding after entering the Cor...

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Analyzing Rights and Liabilities in Auction Sales of Attached Properties under the MPID Act.

The High Court of Bombay dismissed a writ petition filed by Lemon Seeds Hospitality Pvt. Ltd., which sought the cancellation of an auction sale of att...

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High Court Dismisses Writ Petition Challenging MSMED Facilitation Council Award Without Compliance of Pre-Deposit. The Bombay High Court underscores statutory remedies under the MSMED Act and arbitration laws, dismissing writ petitions to avoid pre-deposit under Section 19.

A private company, challenged an award by the Micro and Small Enterprises Facilitation Council (MSEFC) issued under Section 18 of the MSMED Act. The p...

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Public Interest Over Private Land Use. Court Upholds Public Infrastructure Development over Landowners’ Rights, Ensuring Fair Compensation for Damages.

The Bombay High Court dismissed the petition filed by landowners challenging the Goa Tamnar Transmission Project. The court ruled that the project, wh...