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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award Declaring Contract Labour as Direct Employees. Contracts for supply of labour found to be sham and bogus, workmen held entitled to direct employment with all benefits under Industrial Disputes Act, 1947.

The petitioner, M/s Prabha Engineering Pvt. Ltd., an engineering company manufacturing automobile parts, challenged an award of the Industrial Tribuna...

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Bombay High Court Quashes Termination of Solid Waste Management Contract for Violation of Natural Justice. Municipal Commissioner's Order Set Aside for Non-Compliance with Contractual Termination Clause and Principles of Audi Alteram Partem.

The petitioner, AG Enviro Infraprojects Private Limited, a company engaged in solid waste management, challenged the order dated 31st October 2018 pas...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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High Court of Bombay Addresses Challenge to Arbitral Award Granting Damages in Electricity Supply Contract Dispute. Tribunal's Award of Damages for Installed Objects Questioned on Grounds of Fundamental Breach Limited to Uninstalled Units Under Section 34 of Arbitration and Conciliation Act, 1996.

The arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB) and it...

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Bombay High Court Dismisses Petition Challenging Arbitral Award on Service Tax Reimbursement. Contractor not entitled to reimbursement of service tax imposed after bid submission but before contract award where contract provided for reimbursement only if tax was payable on date of bid.

The petitioner, Punj Lloyd Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated ...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...