Search Results for "contractual terms"

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Search Results for "contractual terms"

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Supreme Court

Supreme Court Allows Appeals in Sales Tax/VAT Cases on Vehicle Hire Contracts, Finding No Transfer of Right to Use Goods. Contracts Where Contractor Retained Control, Maintenance Responsibility, and Risk Do Not Constitute Deemed Sale Under Article 366(29A)(d) of Constitution of India and Assam Tax Acts.

9 Jan 2024

The Supreme Court considered a group of appeals concerning tax liability under the Assam General Sales Tax Act, 1993 and Assam Value Added Tax Act, 20...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit, Upholding High Court's Review Order. The Court held that review jurisdiction is limited to errors apparent on the record and specific performance is not granted when the contract provides an alternative remedy under Section 20 of the Specific Relief Act, 1963.

28 Apr 2023

The dispute arose from a sale agreement for a plot where the respondent paid earnest money, with the execution date tentatively fixed. The respondent ...

Supreme Court

Supreme Court Dismisses Applications for Recall of Interest Rate Reduction Order in Real Estate Dispute. Builders sought to restore interest rate reduction benefits granted to Amrapali Group, but court held contractual obligations cannot be unilaterally altered and relief was fact-specific to Amrapali's circumstances.

28 Feb 2023

The Supreme Court considered a batch of interlocutory applications filed by various promoters, developers, and builders operating in Noida and Greater...

Supreme Court

Supreme Court Dismisses Appeal in Industrial Plot Allotment Dispute, Upholding Resumption for Non-Compliance with Contractual Terms. The Court Found No Violation of Natural Justice as Multiple Show-Cause Notices Were Issued, and the Allottee Failed to Demonstrate Concrete Steps Towards Construction Under the Allotment Agreement.

27 Feb 2023

The appeals arose from orders of the National Consumer Disputes Redressal Commission (NCDRC) allowing a revision petition by Haryana State Industrial ...

Supreme Court

Supreme Court Quashes High Court Direction in Public Interest Litigation on Cinema Hall Food Prohibition. The High Court's order directing cinema hall owners not to prohibit carrying outside food was challenged as exceeding jurisdiction under Article 226, with the Supreme Court considering the right to choice of food under Article 21 and the Jammu and Kashmir Cinemas (Regulation) Rules 1975.

3 Jan 2023

The Supreme Court of India considered appeals against a judgment dated 18 July 2018 by a Division Bench of the High Court of Jammu and Kashmir. The ba...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Builder for Refund of Consideration Due to Premature Filing and Lack of Deficiency Proof. Complaint Filed Before Expiry of Contractual Grace Period Under Allotment Terms, and Appellants Failed to Establish Incomplete Work or Delay in Possession Offer.

16 Sep 2022

The dispute arose from a consumer complaint filed by the appellants against the respondent-company, a builder, alleging deficiency in service due to d...

Supreme Court

Supreme Court Dismisses Appeal in Service Tax Classification Case Due to Failure to Prove Job Work Exemption. Services Provided Were Held as Manpower Supply Under Finance Act, 1994, Not Exempt as Job Work Under Notification No.25/2012-Service Tax, Based on Agreement Terms and Lack of Registration Amendment.

18 Feb 2022

The dispute involved an appeal against a judgment of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) regarding service tax classificatio...

Supreme Court

Supreme Court Allows Appeals in Tender Dispute, Restoring Authority's Decision on Technical Disqualification. The Court held that judicial review of tender decisions is limited to examining arbitrariness, and the tender inviting authority's interpretation of 'same or similar category products' was not perverse or irrational, thus upholding the rejection of the bid based on past performance criteria.

31 Jan 2022

The dispute originated from a Notice Inviting Tender issued by Navodaya Vidyalaya Samiti for the supply of tablets for school children. The tender inc...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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