Search Results for "implied agreement"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "implied agreement"

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High Court

Bombay High Court Allows Arbitration Appeal Against Vacation of Stay on Bank Guarantee Invocation. Court holds that the arbitral tribunal's interim order under Section 17 of the Arbitration and Conciliation Act, 1996, granting stay on invocation of performance bank guarantees, cannot be vacated solely on the ground of balance of convenience when there is a serious dispute regarding the underlying contract and the invocation is alleged to be fraudulent.

10 Sep 2025

The appellant, M/s. Pinnacle Teleservices Pvt. Ltd., filed an arbitration appeal against the order dated 27-08-2024 passed by the learned District Jud...

Supreme Court

Supreme Court Refers Group of Companies Doctrine to Larger Bench in Arbitration Dispute Over Software Agreement. Questions validity of applying the doctrine to bind non-signatory parent company to arbitration under Sections 8, 11, 35, and 45 of the Arbitration & Conciliation Act, 1996.

13 Sep 2024

The petitioner, Cox & Kings Ltd., filed a petition under Section 11(6) read with Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, seekin...

Supreme Court

Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

9 Jul 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

High Court

Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

5 Jun 2023

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Assignment of Contractual Rights Requires Consent of Original Party. The Court held that assignees cannot enforce specific performance against original owners without their consent, as the original vendees' rights were extinguished by withdrawal of suit and cancellation of agreement.

25 Nov 2019

The case involves four suits for specific performance filed by Respondent Nos. 1 (assignees) against the Appellants (original owners) based on agreeme...

High Court

Bombay High Court Dismisses Injunction Application in Share Transfer Dispute — Agreement for Sale of Shares Not Enforceable as Contract for Sale of Shares, Not Specific Performance of Immovable Property. Court holds that agreement for transfer of shares is a contract for sale of goods and not for specific performance of immovable property, and plaintiff failed to show readiness and willingness.

8 Dec 2014

The plaintiff, Swaran Salaria & Associates, filed a suit for specific performance of an agreement dated 22 November 2007 with the first defendant, Him...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

2 May 2012

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

High Court

Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

20 Apr 2010

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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