Search Results for "equitable principle"

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Bombay High Court Allows Writ Petition of Widow Against Recovery of Excess Payment from Deceased Employee's Pension. Recovery from Legal Heirs Based on Employee's Undertaking Held Impermissible as Excess Payment Was Due to Employer's Mistake Without Misrepresentation.

The petitioner, Smt. Sudha wd/o Bhagirath Meshram, is the widow of a deceased employee who worked as a Junior Lecturer at Zilla Parishad High School. ...

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Bombay High Court Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Supreme Court Allows State Appeal in Tender Cancellation Case — Public Interest Justifies Cancellation of LoI Despite Prior Acceptance. Non-Arbitrariness in State Action Not Established When Cancellation is Based on Legitimate Concerns Over Technical Compliance and Financial Viability.

The dispute arose from a tender issued by the State of Himachal Pradesh for the supply, installation, and maintenance of electronic Point-of-Sale (ePO...

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Bombay High Court Allows Petition for Rental Compensation in Land Acquisition Case. Petitioner entitled to rental compensation from date of possession till award under Land Acquisition Act, 1894 for land taken for octroi post.

The petitioner, M/s. Devi Construction LLP, owned lands in survey Nos.10 (part), 11 (part) and 160 (part) of Village Wakad, Taluka Mulshi, Dist. Pune,...

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High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No. 894 of 2020. Claimant awarded Rs. 2,50,000/- for injuries sustained in road accident under Motor Vehicles Act, 1988.

The appellant-claimant, Sri Milind Kunale, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award da...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...