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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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Bombay High Court Considers Section 9 Petition Seeking Renewal of Bank Guarantees Pending Section 34 Challenge to Arbitral Award. Liquidated Damages Claim in Public Utility Contract Examined for Prima Facie Case in Light of Saw Pipes and Construction & Design Services Precedents.

The proceedings arose from a contract between Oil and Natural Gas Corporation Limited (ONGC) and Afcons Gunanusa Joint Venture for construction, insta...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947. Labour Court has power to award interest for period between date of award and actual payment to prevent miscarriage of justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition challenging the order of the Central Government Industrial Tribunal and Labour Cour...

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Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947 — Interest Act, 1978 and Article 226 of Constitution Invoked to Prevent Miscarriage of Justice.

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central...

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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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Supreme Court Allows Appeal in Insurance Claim Case — Delay in Intimation Not a Breach of Policy Condition. Notice Given Next Day After Night Accident Satisfies 'Immediate' Requirement Under Policy Condition 1.

The appellant, Kamlesh, owned a truck that was damaged in a fire accident occurring in the night intervening 1st and 2nd June 2009. He raised an insur...

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Supreme Court Considers Whether Two Appeals are Required When a Suit and Counterclaim are Disposed of by a Single Judgment. The Court Analyzed Conflicting High Court Decisions on the Maintainability of a Single Appeal Against a Composite Decree and Noted a Cleavage of Opinion.

The Supreme Court heard a civil appeal arising from a dispute over property rights wherein a suit for partition and injunction and a counterclaim for ...