Search Results for "counter claim"

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Search Results for "counter claim"

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Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Allows Withdrawal of Insolvency Application Before Committee of Creditors Constitution Based on Settlement. Section 12A of Insolvency and Bankruptcy Code, 2016 Permits Withdrawal by Applicant Before CoC Formation, and Inherent Powers Under Rule 11 of NCLT Rules, 2016 Can Be Exercised for Ends of Justice to Facilitate Settlement.

22 Sep 2022

The appeal arose from an interim order of the National Company Law Appellate Tribunal (NCLAT) in an insolvency matter. The appellant, an erstwhile dir...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Passage Rights, Upholding Exclusive Possession Based on Sale Deed Interpretation. Res Judicata Not Applicable as Earlier Litigation Concerned Different Issue Regarding Latrine Construction, Not Exclusive Possession Rights Under Transfer of Property Act, 1882.

14 Sep 2022

The Supreme Court heard appeals challenging concurrent orders from the High Court of Punjab and Haryana and the First Appellate Court in a property di...

Supreme Court

Supreme Court Dismisses Application for Appointment of Arbitrator in Arbitration Dispute Over Final Award. The court held that the award was final and had adjudicated all claims, with no unresolved issues requiring fresh arbitration, and rejected a plea for correction under Section 33 of the Arbitration and Conciliation Act, 1996 as it was not raised in the application and lacked merit.

15 Mar 2022

The dispute arose from a civil appeal where the Supreme Court appointed Justice S.S. Nijjar as sole arbitrator to resolve disputes between the parties...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

Supreme Court

Supreme Court Allows Defendant's Appeal in Land Dispute and Quashes Permanent Injunction Granted to Plaintiff. Court held that when plaintiff fails to obtain declaration of title and suit for cancellation of sale deed is time-barred, permanent injunction to protect possession cannot be granted as it is a consequential relief and requires lawful possession under Specific Relief Act, 1963.

3 Mar 2022

The dispute involved agricultural land where the plaintiff's husband executed a registered sale deed in 1975 in favor of the defendant for the entire ...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Companies in Electricity Regulatory Dispute - Upholds APTEL's Direction for Merits-Based Disposal of Tariff Determination and Power Purchase Agreement Approval Petitions. Appellate Tribunal for Electricity Correctly Ordered State Commission to Decide Petitions on Merits After State Commission Allowed Withdrawal of One Petition and Dismissed the Other, Ensuring Statutory Functions Under Electricity Act, 2003 Are Fulfilled.

2 Feb 2022

The appeal arose from a dispute between Distribution Companies (DISCOMS) and Hinduja National Power Corporation Limited (HNPCL) regarding power purcha...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

Supreme Court

Supreme Court Reinstates Arbitral Award and Dismisses High Court's Interference in Arbitration Appeal. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-appreciating Evidence and Entering into Merits of Claim, Contrary to Limited Scope of Appellate Review.

11 Jan 2022

The dispute originated from a contract between Haryana Tourism Limited (Corporation) and a respondent company for supply of aerated cold drinks at tou...

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