Search Results for "performance guarantees"

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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...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "performance guarantees"

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Supreme Court

Supreme Court Hears State of Maharashtra's Appeals Against High Court's Decision Striking Down Section 33A of Bombay Police Act, 1951 as Violative of Articles 14 and 19(1)(g). The core issue is whether the prohibition of dance performances in eating houses, permit rooms, or beer bars is a reasonable restriction on trade and is within the State's legislative competence.

1 Aug 2026

The Supreme Court heard a batch of civil appeals filed by the State of Maharashtra and others assailing the judgment and order dated 12th April 2006 o...

High Court

Bombay High Court Allows Writ Petition Challenging GST Summons Issued Without Jurisdiction — Lack of Territorial Jurisdiction Renders Proceedings Void Ab Initio. The court quashed summons under Section 70 of CGST Act, 2017 issued by an officer in Coimbatore to a Nagpur-based company, holding that the officer lacked territorial jurisdiction.

6 May 2026

The petitioner, M/s D P Jain & Co. Infrastructure Private Limited, a Nagpur-based company, challenged summons issued by the Senior Intelligence Office...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Suit for Dishonour of Cheque — Bank's Defence of Missing Signature on Reverse of Cheque Rejected as Not Triable Issue. The court held that under the Negotiable Instruments Act, 1881, the signature on the face of the cheque is sufficient and the absence of signature on the reverse does not constitute a valid defence.

11 Aug 2021

The plaintiff, SKS Power Generation (Chhattisgarh) Ltd, filed a Commercial Summary Suit against Canara Bank for recovery of Rs. 1,00,00,000/- with int...

High Court

Bombay High Court Allows Appeal by MIDC in Contract Breach Case — No Binding Contract Without Work Order. Mere acceptance of tender does not create contractual obligations; formal work order essential under tender conditions.

11 Feb 2021

The case involves an appeal by the Maharashtra Industrial Development Corporation (MIDC) against a decree passed in Special Civil Suit No.99/2009, whe...

High Court

High Court of Karnataka Dismisses Writ Petition by Chinese Company Challenging DRAT Order in Debt Recovery Matter — Maintainability of Writ Against Interlocutory Orders Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The court held that a writ petition under Articles 226 and 227 of the Constitution is not maintainable against an interlocutory order passed by the DRAT in a pending appeal, as the petitioner has an alternative remedy of statutory appeal under Section 20 of the RDB Act.

8 Jan 2018

The petitioner, Sepco Electric Power Construction Corporation, a Chinese company, filed a writ petition under Articles 226 and 227 of the Constitution...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

22 Mar 2017

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Injunction Against Sale of Property in Arbitration Dispute — No Prima Facie Case for Interim Relief as Disputed Claims Require Full Trial. The court held that the petitioner failed to establish a prima facie case or balance of convenience for interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996, as the claims for unpaid bills and extra work were disputed and the property was not specifically linked to the contract.

21 Aug 2015

The petitioner, Acron Developers Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

9 May 2013

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

High Court

Bombay High Court Allows Writ Petition Challenging Injunction Against Bank Guarantee Encashment — Appellate Court's Order Set Aside for Failure to Establish Fraud or Special Equities. The court held that an injunction against bank guarantee can only be granted in exceptional circumstances of fraud or special equities, and the appellate court erred in granting such relief without proper findings.

23 Jun 2005

The petitioner, Man Industries India Ltd., challenged the order of the 6th Adhoc Additional District Judge, Pune, in Miscellaneous Appeal No.150 of 20...

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