Search Results for "contractual remedy"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "contractual remedy"

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High Court

High Court of Karnataka Dismisses Appeal in Service Tax Reimbursement Dispute — Contractual Obligation Not Imposed by Tender. Amendment of law does not automatically entitle contractor to reimbursement of service tax paid after contract execution.

7 Mar 2025

The appellant, M/s. Jyothy Fabricare Service Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petitions seeki...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Despite Non-Compliance with Pre-Arbitration Notice Period. The court held that the respondent's failure to respond to the notice and its conduct constituted waiver of the 30-day notice requirement under Clause 64(3)(b)(ii) of the Indian Railways Standard General Conditions of Contract.

3 Apr 2024

The applicant, S. N. Naik & Brothers, a proprietary concern, entered into a contract with the Union of India (respondent) on 23.09.2019 for constructi...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

High Court

Bombay High Court Quashes Termination and Debarment of Contractor in Coal Mining Contract Dispute — Failure to Provide Reasonable Opportunity and Non-Application of Mind Renders Termination Order Invalid. The court held that termination of a work order without considering the contractor's explanation and without providing a hearing violates principles of natural justice and contractual provisions for extension of time under Clause 6.4 of the tender conditions.

16 Mar 2022

The petitioner, M/s Sainik Mining and Allied Services Limited, a company engaged in mining and excavation, was awarded a work order by Western Coalfie...

High Court

Bombay High Court Grants Interim Relief to Buyer in Scrap Sale Contract Dispute Under Section 9 of Arbitration Act. Court Restrains Seller from Selling Scrap to Third Parties Pending Arbitration, Holding Prima Facie Case and Balance of Convenience in Favor of Buyer.

24 Jan 2022

The petitioner, Chetan Iron LLP, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pending arbi...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

Bombay High Court Hears Interim Injunction Application in Copyright Infringement Suit Concerning Digital Music Platform’s Use of Sound Recordings. The Court Examines Defenses of Fair Use and Statutory License Under Sections 52 and 31-D of the Copyright Act, 1957.

23 Apr 2019

The present proceeding arose from two commercial IP suits filed by Tips Industries Ltd. (plaintiff) against Wynk Music Ltd. and another (defendants) b...

High Court

Bombay High Court Dismisses Petitions Challenging Foreclosure of Contracts for Space Under Flyovers by MSRDC. Contractual Termination Upheld Due to Breach of Terms and Public Interest.

20 Jun 2013

The judgment involves multiple writ petitions filed by contractors challenging the foreclosure of contracts by the Maharashtra State Road Development ...

High Court

Bombay High Court Allows Appeal in Slum Rehabilitation Dispute, Holding Civil Court Has Jurisdiction to Entertain Suit for Declaration of Rights Under Development Agreement. The Court set aside the order returning plaint, ruling that the Slum Rehabilitation Authority's jurisdiction is limited to statutory functions and does not oust civil court's jurisdiction to adjudicate contractual disputes.

27 Jul 2010

The plaintiff, Bholanath Ramjas Yadav, filed a suit in the City Civil Court, Bombay, seeking a declaration that he is entitled to the benefits of a De...

High Court

Bombay High Court Quashes Tender Condition in Octroi Collection Contract for Being Arbitrary and Unreasonable. Condition requiring prior experience of octroi collection in a municipal corporation with population of 10 lakhs or more held to be irrational and intended to favour predetermined bidders.

29 Apr 2010

The Bombay High Court disposed of two writ petitions challenging the terms and conditions of a tender notice issued by the Nashik Municipal Corporatio...

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