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Search Results for "contractual claims"

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High Court

High Court of Bombay at Goa Allows Second Appeal in RERA Registration Dispute — Development Agreement Not Required to Be Registered Under Registration Act for Project Registration. The Court held that the Goa Real Estate Regulatory Authority exceeded its jurisdiction by insisting on compulsory registration of a development agreement under Section 17 of the Registration Act, 1908, as a precondition for processing a project registration application under Sections 3 and 4 of the Real Estate (Regulation and Development) Act, 2016.

18 Jul 2026

The appellant, Edcon Real Estate Developers, a registered partnership firm, filed a Second Appeal under Section 58 of the Real Estate (Regulation and ...

High Court

ARBITRATION PETITION (L) NO.15468 OF 2026

17 Jul 2026

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

High Court

Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

28 Jan 2026

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Contract by MMRDA. Contractual Dispute with Arbitration Clause Not Amenable to Judicial Review Under Article 226 as Termination Was in Accordance with Contract Terms.

25 Feb 2025

The petitioner, Systra MVA Consulting (India) Pvt. Ltd., a company with 70% stake in Systra-SMCIPL Consortium, was appointed as General Consultant by ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

High Court

Bombay High Court Dismisses Lecturers' Plea for Regularization in Unaided Engineering College — UGC Pay Scales Not Mandatory for Private Unaided Institutions. Petitioners failed to establish employer-employee relationship with State or that college receives government aid, and regularization cannot be claimed as a matter of right without sanctioned posts.

20 Sep 2022

The petitioners, lecturers in various departments at Shri Guru Govind Singhji Institution of Engineering and Technology, Nanded, filed writ petitions ...

High Court

Bombay High Court Allows Writ Petitions Challenging Termination of Assistant Professors at UM-DAE Centre for Excellence in Basic Sciences — Violation of Natural Justice and Contractual Terms. Termination orders set aside as they were passed without notice or opportunity of hearing, and the appointments were for a fixed term of five years which had not expired.

19 Dec 2017

The petitioners, Dr. Hemalatha Muthulingom and Dr. Gargi Shaw, were appointed as Assistant Professors at the UM-DAE Centre for Excellence in Basic Sci...

High Court

ARBITRATION PETITION NO.549 OF 2013

9 Jun 2017

...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

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