Search Results for "Waiver"

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Interpretation of Government Notification on Exemption of Conversion Fees for Land Reclamation under the Kerala Conservation of Paddy Land and Wetland Act, 2008

The Supreme Court held that the exemption under the Notification applies only to lands up to 25 cents and cannot be extended to larger holdings. The ...

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Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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Penalty under Section 271AAA of the Income Tax Act, 1961 imposed partially; Supreme Court held penalty not leviable on Rs. 2,27,65,580/- as conditions under Section 271AAA(2) were fulfilled, but imposed 10% penalty on Rs. 2,49,90,000/- as undisclosed income found during search.

Constitution of India (COI) – Code of Criminal Procedure (CrPC) – Income Tax Act, 1961 (Act 1961): – Section 271AAA – Penalty for undisclosed ...

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Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...

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"Bombay High Court Quashes Eviction Decree: Tenant’s Non-Payment Claim Invalidated Due to Absence of Valid Notice" "Landlord’s eviction suit dismissed for failure to comply with procedural demand notice requirements under Maharashtra Rent Control Act."

The eviction decree passed by the Trial Court and upheld by the Appellate Court was set aside due to: Lack of a valid demand notice as required und...

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Bombay High Court Dismisses Royal Traders' Plea for Waiver in SARFAESI Act Appeal. The court reinforces the necessity of pre-deposit compliance under Section 18(1) of the SARFAESI Act and dismisses petitions seeking waiver.

The judgment clarifies the scope of Section 18(1) of the SARFAESI Act, 2002, particularly the conditions for pre-deposit waivers by borrowers appealin...

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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...