Search Results for "Fraud exception"

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Search Results for "Fraud exception"

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High Court

Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

9 Jan 2017

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

High Court

High Court of Bombay at Goa Adjudicates Writ Petitions Against Dismissal of Amendment Applications in Civil Suit. Dispute Involves Plea of Fraud in Consent Decree and Applicability of Procedural Bars under the Code of Civil Procedure, 1908.

4 Oct 2016

The judgment arises from three writ petitions challenging a common order dated 30.10.2015 passed in Special Civil Suit No. 89/2006/B by the Civil Judg...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

High Court

Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

10 Apr 2018

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Allows Retired Teacher's Petition, Quashes Recovery of Excess Salary from Gratuity — Recovery Held Invalid as No Fraud or Misrepresentation by Employee. Excess payment due to employer's mistake in pay fixation under Maharashtra Civil Services (Revised Pay) Rules, 2009 cannot be recovered from retiral benefits after retirement.

7 Oct 2023

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher employed by the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily ...

High Court

Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

2 Apr 2019

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Sale Deed Cancellation Suit Fails Due to Lack of Proof of Fraud. Court upholds trial court's dismissal of suit for cancellation of registered sale deed under Section 31 of Specific Relief Act, 1963, as plaintiffs failed to establish fraud or collusion.

6 Aug 2013

The appeal arises from a suit filed by the plaintiffs (appellants) seeking cancellation of a registered sale deed and permanent injunction. The plaint...

High Court

High Court Denies Bail to Applicant in Fraud Case Under IPC Sections 420, 504, 506 - Suppression of Facts and Abuse of Process Grounds for Rejection

17 Jan 2026

The High Court dismissed the regular bail application of Applicant who was accused of offences under Sections 420, 504, 506 read with 34 of IPC -- The...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Railway Contract for Submission of Forged Bank Guarantees. Court upholds termination based on petitioner's failure to provide substantive reply despite multiple opportunities, and holds that writ jurisdiction is not appropriate for disputed questions of fact regarding forgery.

19 Dec 2024

The petitioner, M/s. K. K. Vidyut, a joint venture company, was awarded a contract by the respondents (Union of India and Central Railway officials) f...

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