Search Results for "exorbitant deposit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "exorbitant deposit"

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High Court

High Court of Karnataka Quashes 75% Deposit Condition in Arbitration Award Stay — Section 36(2) of Arbitration Act Does Not Mandate Pre-Deposit. Court holds that Section 36(2) of the Arbitration and Conciliation Act, 1996 does not impose a mandatory pre-deposit condition for stay of an arbitral award, and the trial court erred in imposing 75% deposit without considering the petitioner's financial hardship.

7 Aug 2025

The petitioner, ITI Limited, challenged an order dated 19.04.2025 passed by the LXXXIII Addl. City Civil and Sessions Judge (Commercial Court), Bengal...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Grants Immunity to NBCC from Legal Proceedings in Amrapali Group Case — Dismisses Modification Plea for Interest Waiver by Royalgolf Link City Projects Private Limited. Court held that NBCC, as court-appointed project management consultant, is immune from being impleaded in other forums, and that interest on diverted homebuyer funds is necessary to prevent unjust enrichment.

10 Jun 2020

The Supreme Court disposed of multiple interlocutory applications in the ongoing Amrapali Group matter. In I.A. No.49238 of 2020, NBCC (I) Ltd., appoi...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Agency Agreement Dispute — Upholds Claim for Outstanding Invoices but Remits Interest Calculation. The court held that the arbitrator's award of interest at 18% per annum from the date of each invoice was contrary to the contract and Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, which requires interest to run from the date of cause of action unless otherwise agreed.

21 Jan 2020

The petitioner, Aero Club, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14t...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Vehicle Accident Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court reduced the compensation awarded by the Tribunal for injuries and death, holding that the claimants failed to prove the income of the victims, and reduced the interest rate from 8% to 6%.

14 Aug 2019

The case involves three miscellaneous first appeals filed by the Oriental Insurance Company against the judgment and award of the Motor Accidents Clai...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. The court held that in the absence of proof of income, notional income should be applied and compensation reduced.

14 Aug 2019

The judgment involves three miscellaneous first appeals filed by the Oriental Insurance Company against awards passed by the Motor Accidents Claims Tr...

High Court

Bombay High Court Quashes Condition of Pre-Deposit in NI Act Appeal — Suspension of Sentence Cannot Be Conditional on Deposit of Compensation Without Hearing on Merits. The appellate court's direction to deposit Rs. 2,00,000/- as a condition for suspension of sentence under Section 389 Cr.P.C. was set aside as illegal and premature.

2 Apr 2019

The applicant, Rahul Kisan Khande, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the learned Magistrate, First Class, Rah...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Franchise Dispute — Upholds Award on Refund of Security Deposit and Interest but Sets Aside Award on Loss of Profit and Other Claims. Court holds that arbitrator's findings on breach of contract and damages were perverse and contrary to terms of franchise agreement.

14 Jul 2015

The petitioner, Kuoni Travels (India) Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Bombay High Court Dismisses Petition Challenging Property Tax Pre-Deposit Condition for Appeal Entertainment Under Mumbai Municipal Corporation Act. Pre-deposit under Section 217(2)(d) is mandatory for entertaining appeal, and interim relief cannot be granted without compliance.

13 Feb 2015

The petitioners, Fleet Fastners Private Limited and another, challenged two orders: (1) an order dated 13 July 2011 by the Municipal Corporation of Gr...

High Court

Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bona Fide Need for Demolition and Reconstruction. Tenant's Appeal Reversed as Landlord's Requirement for Additional Accommodation for Business Expansion Was Genuine Under Section 13(1)(hhh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

18 Jul 2005

The petitioner, M/s. Hotel Rosalia Pvt. Ltd., the landlord, filed a writ petition under Article 227 of the Constitution of India challenging the order...

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