Search Results for "Counter claim"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Counter claim"

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High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Port Trust Contract Dispute — Interest Award Set Aside as Contrary to Contractual Bar. The court upheld the refund of deducted maintenance charges but struck down the interest component as patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

5 Apr 2018

The Jawahar Nehru Port Trust (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral awar...

High Court

High Court of Bombay Upholds Arbitral Award in Favor of Contractor in Railway Contract Dispute — Rejects Challenge Based on Excepted Matters and Delay in Raising Counterclaim. The court found no ground to interfere under Section 34 of the Arbitration and Conciliation Act, 1996, as the Arbitral Tribunal had considered the contractual provisions and extensions granted by consent.

14 Jan 2011

The case involves a challenge by the Union of India (Petitioner) against an Arbitral Award dated 16 December 2005 passed by the Arbitral Tribunal in a...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside District Court Order That Had Set Aside Arbitral Award in Partnership Dispute. The court held that the District Court exceeded its jurisdiction by reappreciating evidence and substituting its own view, which is not permissible under Section 34 of the Arbitration and Conciliation Act, 1996.

11 Oct 2012

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by the appellants (partners of a firm) against the o...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found.

16 Apr 2019

The petitioner, Garuda Aviation Services Pvt. Ltd., was granted a license by the Airport Authority of India (AAI) to operate a car parking facility at...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Invoices, Setting Aside Condition of Deposit. Court holds that stand-alone invoices without a written agreement do not constitute a 'written contract' under Order 37 CPC, and prior pending suit for damages and specific performance raises triable issues entitling defendant to unconditional leave.

23 Mar 2018

The petitioner, Olive Tree Trading Pvt. Ltd., was the defendant in Special Summary Suit No. 153 of 2016 filed by the respondent, F.lli De Cecco Di Fil...

Supreme Court

Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

12 Apr 2012

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

High Court

Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award on Interest. Interest Awarded from Arbitrator's Appointment Date Upheld as Within Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

4 Apr 2012

The petitioner, Hindustan Petroleum Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ...

High Court

Madras High Court Delivers Judgment in Intra-Court Appeal on Maintainability and Procedure of MSEFC Arbitration Under MSMED Act. Court Examines Whether Council's Continuous Process from Conciliation to Arbitration Complied with Section 18 of MSMED Act and Arbitration Act Provisions.

27 Feb 2025

The present intra-court appeal arose from the dismissal of a writ petition that had challenged an arbitration award passed by the Micro and Small Ente...

Supreme Court

Supreme Court Allows Appeal of Central Council for Research in Ayurvedic Sciences in Service Matter — Retirement Age Enhancement Not Applicable to Autonomous Body Employees. The Court held that the Cabinet decision to enhance superannuation age to 65 years for AYUSH doctors was limited to those directly under the Ministry of AYUSH and CGHS, and did not extend to employees of autonomous bodies like CCRAS.

1 Jan 2023

The case involves an appeal by the Central Council for Research in Ayurvedic Sciences (CCRAS) and its Director General against the judgment of the Ori...

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