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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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Madras High Court Allows State's Appeal in Contract Dispute Over Canal Excavation Work — Contractor's Claim for Payment for Work Done Partly Allowed. The court held that the contractor is entitled to payment for work actually done and measured, but the quantum must be proved by proper evidence.

The case involves a second appeal filed by the State of Tamil Nadu and the Executive Engineer, P.W.D., Krishna Water Supply Project, against the judgm...

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High Court Quashes Stamp Duty Demand and Order in Writ Petition by Petitioner Against State of Maharashtra Under Maharashtra Stamp Act, 1958 Due to Time-Barred Proceedings and Erroneous Computation

The Petitioner, challenged Demand Notices and an Order by the Collector of Stamps and CCRA under the Maharashtra Stamp Act, 1958, alleging a deficit i...

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Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

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Bombay High Court Dismisses Petition by Education Society Challenging Quashing of Teacher's Termination. Termination Based on Alleged Caste Fraud Set Aside as Employee's Caste Certificate Was Valid and No Misrepresentation Proven.

The petitioners, Pratibha Niketan Education Society and Pratibha Niketan High School, Nanded, challenged the judgment and order dated 21/08/2015 of th...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...