Search Results for "non-performance"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "non-performance"

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Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Redevelopment Agreement — Limitation Period Not to Defeat Substantive Right. Continuing Cause of Action Recognized Where Parties Were in Ongoing Negotiations and Escrow Agent Released Flats Only in December 2018.

28 Feb 2025

The appeal arises from a consumer complaint filed by tenants (appellants) against a partnership firm (respondents) concerning a redevelopment project ...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Award in Construction Contract Dispute — Holds Arbitrator's Findings on Delay and Liquidated Damages Suffer from Patent Illegality and Perversity. The court set aside the award of liquidated damages under Section 34 of the Arbitration and Conciliation Act, 1996, finding that the arbitrator ignored the back to back nature of the contract and evidence that the respondent had been granted extension of time by the principal employer without levy of liquidated damages.

14 Dec 2018

The case involves an arbitration petition filed by Punj Lloyd Ltd. (petitioner) challenging an arbitral award dated 31 August 2012 passed by a sole ar...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition Seeking Injunction on Bank Guarantee Invocation. Performance Bank Guarantee Invocation Upheld as No Fraud or Irretrievable Injustice Established Under Contract Clause 4.2.

24 Nov 2018

The appellant, Tata Projects Limited, was awarded a turnkey contract by respondent No.1, Hazel International FZE, for constructing a Chemical Storage ...

High Court

Bombay High Court Upholds Suspension of Employee for Sexual Harassment in Air India — Two-Day Suspension with Subsistence Allowance Upheld as Proportionate Punishment. The court held that the punishment of two days suspension for sexual harassment was not shockingly disproportionate and the disciplinary proceedings were not vitiated.

15 Nov 2017

The petitioner, T.S. Kolhatkar, an employee of Air India, challenged an order dated 23.12.2002 imposing a punishment of suspension for two days on los...

High Court

Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

8 Jan 2016

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

High Court

Bombay High Court Dismisses Petition Seeking Inclusion of Voters in Cooperative Society Election, Upholds Bar Under Rule 78 of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014. Remedy of Election Petition Under Section 91 of Maharashtra Cooperative Societies Act, 1960 Held to Be Exclusive and Bar Writ Jurisdiction.

15 Jun 2015

The petitioners, members of Shivanand Cooperative Housing Society Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a...

High Court

Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

17 Apr 2012

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...

High Court

Bombay High Court Upholds Arbitral Award in Loan Recovery Dispute — Time Limit for Award Held Directory. Petitioner's Objection to Arbitrator's Jurisdiction Waived Due to Participation Without Timely Objection.

1 Oct 2010

The petitioner, B.K. Gopakumar, a film producer, entered into a loan agreement dated 10 November 1992 with the respondent, National Film Development C...

High Court

Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

4 Aug 2006

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

30 Nov -0001

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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