Search Results for "non-performance"

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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 "non-performance"

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High Court

Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

18 Apr 2019

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Leave and Licence Dispute — Interest on Security Deposit for Delay Period Upheld but Refund Ordered with Interest from Date of Award. The court upheld the arbitrator's award of interest on security deposit for delay in handover as per agreement terms, but modified the direction for refund with interest from date of demand to interest from date of award.

11 Feb 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a sole arbitrator in a di...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Leave and Licence Dispute — Interest on Security Deposit for Delay Period Not Payable as Liquidated Damages Without Proof of Loss. The court modified the award to limit interest to the actual delay period at the contractual rate, holding that the arbitrator's award of interest for the entire period including post-possession was contrary to the agreement and Section 74 of the Indian Contract Act, 1872.

11 Feb 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a sole arbitrator in a di...

High Court

Bombay High Court Allows Appointment of Arbitrator in Concession Agreement Dispute — Holds That Clause 21 of Agreement Providing for Dispute Resolution by Committee of Officers Does Not Bar Arbitration Under Section 11 of Arbitration and Conciliation Act, 1996.

19 Mar 2015

The Applicant, Tatva Global Environment (Deonar) Ltd., entered into a Concession Agreement with the Respondent, Municipal Corporation of Greater Mumba...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Supply Agreement Dispute — Upholds Claim for Loss of Profits but Sets Aside Award for Additional Freight Charges and Interest. Court examines scope of Section 34 of Arbitration and Conciliation Act, 1996 and principles of mitigation of damages.

12 Dec 2014

The case arises from a dispute between M/s. Amrutanjan Limited (Petitioner) and M/s. Shamrock International Limited (Respondent) concerning a supply a...

High Court

Bombay High Court Allows Section 8 Application and Appoints Arbitrator in Dispute Over Development Agreements — Arbitration Clause Binding on Non-Signatory Transferee. The court held that a non-signatory who claims through or under a signatory to an arbitration agreement is bound by the arbitration clause, and appointed a retired judge as sole arbitrator.

30 Sep 2014

The judgment concerns two related matters: a Notice of Motion (No. 540 of 2013) in Suit No. 62 of 2013 and an Arbitration Application (No. 86 of 2013)...

High Court

Bombay High Court Dismisses Workman's Petition Challenging Industrial Court's Order Dismissing Complaint for Non-Implementation of Award. Delay of 4½ years in filing complaint under MRTU & PULP Act, 1971 held fatal as no sufficient cause shown.

11 Dec 2013

The petitioner, Kashinath Parvati Labade, was a workman employed with the Department of Social Forestry, Maharashtra. He was allegedly illegally termi...

High Court

Bombay High Court Allows Specific Performance of Agreement to Sell Agricultural Land — Plaintiff Proves Readiness and Willingness. The court held that the appellant had continuously shown readiness and willingness to perform the contract, and there was no valid ground to deny specific performance under Section 20 of the Specific Relief Act, 1963.

20 Nov 2013

The appellant, Shrikrishna Ganuji Sonone, filed a suit for specific performance of an agreement to sell an agricultural field (Gat No.36, admeasuring ...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

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