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Gujarat High Court Dismisses State's Appeal in Contract Damages Case — Failure to Prove Breach and Loss. Trial court's finding that plaintiff failed to establish defendant's breach and quantum of damages under Section 96 CPC upheld.

The State of Gujarat and another (appellants) filed a suit for recovery of damages against the contractor Anil J. Jhatakia (respondent) for alleged br...

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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Supreme Court Allows Appeal in Arbitration Case, Reinstating District Judge's Decision Upholding Arbitral Award. High Court Exceeded Jurisdiction Under Section 37 of Arbitration and Conciliation Act, 1996 by Re-evaluating Evidence and Decreeing Claim, Contrary to Limited Scope of Judicial Review.

The dispute originated from a contract dated 4 April 2002 between Punjab State Civil Supplies Corporation Ltd and M/s Ramesh Kumar and Company for the...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement in Commercial Suit. Pendency of Application Under Section 8 of Arbitration and Conciliation Act, 1996 Constitutes Sufficient Cause for Delay Beyond 120 Days Under Section 16 of Commercial Courts Act, 2015.

The petitioners, M/s S.S. Nikade and Company (JV), a registered firm, filed a commercial suit on 02.02.2017 before the Commercial Court, Yavatmal, cla...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Dispute — Limitation Period Runs from End of Loan Tenure When Creditor Has Option to Recall Loan on Default.

The petitioner, Paresh Prakash Pavetekar, had taken a loan from the respondent, Phoenix ARC Pvt. Ltd., repayable in equated monthly installments. The ...

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Bombay High Court Quashes Minister's Order Releasing Land from Acquisition in Pimpri Chinchwad Development Case. Minister Exceeded Powers Under Section 48(1) of Land Acquisition Act, 1894 by Not Recording Reasons and Ignoring Public Interest.

The case involves two writ petitions filed by the Pimpri Chinchwad New Town Development Authority challenging an order dated 21st September 2004 passe...

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Bombay High Court Dismisses PIL Challenging Land Allotment to Private Company in Title Dispute. Court holds that disputed questions of title cannot be adjudicated in PIL jurisdiction and that the petitioners failed to establish that the land was government property.

The case is a Public Interest Litigation (PIL) filed by two petitioners, Mr. Chetan Kamble and Mr. Vilas V. Devrukhkar, against the State of Maharasht...