Search Results for "privity of contract"

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Bombay High Court Dismisses Bank's Petition in Guarantee Dispute Due to Lack of Privity of Contract. Guarantee Agreement Held Unenforceable as Principal Debtor Was Not a Party to the Contract Under Indian Contract Act, 1872.

The petitioner, Dena Bank, filed a writ petition challenging the order of the Debts Recovery Appellate Tribunal (DRAT) dated 27.10.2015, which dismiss...

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Bombay High Court Allows Appeal Against Illegal Electricity Demand by Government of Goa. Demand of Rs. 48,50,360/- for Electricity Charges from Successor Company Set Aside as Without Authority of Law Under Electricity Act, 1910 and Indian Contract Act, 1872.

The appellants, Shri Ambey Forging Pvt. Ltd. and its director Pawan Lila, filed an appeal against the judgment and decree dated 31/03/2007 of the Ad h...

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Supreme Court Allows Appeal in Consumer Dispute Over Housing Loan Disbursement — No Privity of Contract Between Complainant and Bank. Complainant Not a 'Consumer' Under Section 2(1)(d) of Consumer Protection Act, 1986 as No Service Was Hired or Availed from the Appellant Bank.

The present appeal arises from a consumer complaint filed by the respondent (original complainant) against the appellant bank before the National Cons...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the question of privity of contract is a matter of trial and cannot be decided at the stage of Order VII Rule 11 CPC.

The petitioners, original defendant nos.5 to 8, filed a Civil Revision Application challenging the order dated 16/09/2016 passed by the Civil Judge (S...

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Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence.

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of pro...

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Bombay High Court Allows Appeal by State in Rent Recovery Suit, Holding No Privity of Contract Between State and Sub-Contractor's Landlord. State Not Liable for Rent of Premises Used by Contractor for Storing P.C.C. Slabs After Contract Termination.

The case involves an appeal by the Collector and Executive Engineer of Jayakwadi Project (appellants) against a decree passed by the 2nd Joint Civil J...

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Bombay High Court Dismisses Section 9 Arbitration Petition Against Guarantors Due to Lack of Privity of Contract. Guarantee Deed Not Signed by Petitioner, No Arbitration Agreement Between Petitioner and Respondents.

The petitioner, L&T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against the...

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Bombay High Court Acquits Accused in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Agreement to Sell Not Signed by Accused, No Privity of Contract Established Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the accused, Shaikh Suleman Shaikh Rustam, challenging his conviction under Section 138 of ...