Search Results for "contract basis"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "contract basis"

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High Court

Plaintiff’s Suit for Property Possession Upheld. Court Rules in Favor of Plaintiff’s Ownership Claim Despite Defendants’ Incomplete Sale Agreement Defense

28 Jun 2024

This appeal was filed against the judgment and decree of the 2nd Ad-hoc Additional District Judge, Wardha, which overturned the decision of the Civil ...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

30 Nov -0001

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

9 Jun 2015

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

High Court

Bombay High Court Allows Writ Petitions of Contract Workers in Minority Girls Hostel, Sets Aside Industrial Court Orders. Held that Industrial Court erred in dismissing complaints seeking permanent status without considering evidence of continuous service and nature of employment.

27 Mar 2024

The judgment pertains to seven writ petitions filed by contract workers employed at the Minority Girls Hostel of Rajaram College, Kolhapur. The petiti...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

10 Mar 2010

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

Supreme Court

Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

1 Aug 2026

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

High Court

High Court of Karnataka Quashes Insurance Ombudsman Award in Health Insurance Claim Dispute — Repudiation of Claim for Non-Disclosure of Pre-Existing Disease Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Pre-Existing Condition at Time of Policy Inception Under Section 45 of Insurance Act, 1938.

21 Oct 2022

The petitioners, Mrs. Jaya Elizabeth Mathew and Mr. Preneesh Oommen, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

High Court

Bombay High Court Dismisses Challenge to Partial Arbitral Award on Jurisdiction — Draft Joint Executing Agreement Held to be Concluded Contract with Valid Arbitration Clause. The court upheld the arbitral tribunal's finding that the JEA was a concluded contract and the arbitration agreement was valid, subsisting and binding.

10 Jan 2019

The petitioner, M3NERGY Sdn.Bhd., a Malaysian company, challenged a partial arbitral award passed by a three-member tribunal. The partial award dealt ...

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