Search Results for "Enforceability"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Enforceability"

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High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

High Court

Bombay High Court Allows Revision Against Ex-Parte Injunction in Development Agreement Dispute — No Prima Facie Case for Specific Performance as Agreement Was Only a Draft. The court held that a draft agreement shared for suggestions does not constitute a concluded contract, and the balance of convenience favored the defendant-owner under Order 39 Rules 1 and 2 of CPC.

20 Mar 2023

The applicant, Jatin Jitendra Rasiklal Shah, was the original defendant No.1 and owner of Nazul Plot No. 2/1 in Amravati. The respondent No.1, Shardul...

High Court

Bombay High Court Grants Interim Relief to Developer in Redevelopment Dispute — Restrains Cooperative Society from Terminating Letter of Intent Pending Arbitration. Termination of Development Agreement Found Prima Facie Invalid Under Section 9 of Arbitration & Conciliation Act, 1996.

16 Dec 2021

The petitioner, Kalpataru Ltd, a real estate development company, filed a petition under Section 9 of the Arbitration & Conciliation Act, 1996, seekin...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

18 Apr 2016

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

High Court

Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

31 Oct 2014

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

High Court

Bombay High Court Discharges Bank Guarantee in Shipping Agency Dispute — Arbitral Award and Section 9 Interim Order Considered. The court examined whether a bank guarantee furnished under an interim order under Section 9 of the Arbitration and Conciliation Act, 1996, must be renewed after the arbitral award was made and enforcement proceedings under Section 48 were pending.

17 Jan 2012

The petitioner, Mitsui O.S.K. Lines Limited, a shipping line, filed a Chamber Summons seeking a declaration that it is not required to renew a bank gu...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

28 Jul 2011

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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