Search Results for "Escalation"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Escalation"

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High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Allows Appeal in Arbitration Case — Price Variation Clause Struck Off Unilaterally by Railway. Arbitral Award for Escalation Upheld as Contractual Clause Was Deleted Without Contractor's Consent, Entitling Contractor to Price Escalation Under Section 37 of Arbitration and Conciliation Act, 1996.

17 Dec 2013

The appellant, M/s R. N. Tandon and Sons, a contractor, was awarded a contract by the respondent, Union of India, for construction of bridges in the M...

High Court

Bombay High Court Partially Allows Appeals in Contract Dispute Over Development of Land — Holds That Work Order Constitutes a Contract and That Termination Without Notice Is Invalid Under Specific Relief Act, 1963. The court also held that the suit for damages was barred by limitation as the cause of action arose in 1991 and the suit was filed in 1999.

6 May 2011

The case involves two cross-appeals arising from a judgment and decree dated 13-8-2004 passed by the learned Civil Judge, Senior Division at Mapusa in...

High Court

High Court of Bombay at Aurangabad Dismisses Appeal by State Authority Against Arbitral Award in Favor of Contractor for Repair of Minor Irrigation Tanks. Court upholds award of interest and costs under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

29 Jan 2026

The present Commercial Arbitration Appeal was filed by the Appellants (Chief Engineer and Chief Administrator, Command Area Development Authority, Aur...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

High Court

Bombay High Court Upholds Arbitral Award Setting Aside Compensation Levy in Construction Contract Dispute. Levy of Compensation Under Clause 2 of GCC Invalid for Non-Compliance with Contractual Mechanism of Show Cause Notice and Quantification.

12 Mar 2019

The judgment concerns two arbitration petitions arising from a construction contract between the General Manager, Heavy Water Plant (Manuguru) (petiti...

High Court

High Court of Bombay Dismisses Revision by Indian Oil Corporation in Eviction Suit — Concurrent Findings of Tenancy Termination and Ownership Upheld. Lease of Open Land Not Protected Under Maharashtra Rent Control Act, 1999; Suit Maintainable Without Probate as Will Was Not Required to Be Proved in Eviction Proceedings.

17 Apr 2026

The case involves a civil revision application filed by Indian Oil Corporation Limited (IOCL) against the concurrent judgments of the Small Causes Cou...

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