Search Results for "unilateral deduction"

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Bombay High Court Upholds Lease Rent Revision Based on Ready Reckoner Rates for Housing Societies in Bandra. Court holds that linkage of lease rent to land value is not per se prohibited and the Government Resolutions of 2006, 2012, and 2018 are constitutionally valid.

The Bombay High Court, in a batch of writ petitions, upheld the constitutional validity of Government Resolutions (GRs) dated 29th May 2006, 12th Dece...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appoin...

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Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

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Bombay High Court Allows DNB Trainee Doctors' Petition Against Stipend Reduction. Court holds that stipend reduction by Railway Hospital violates principles of legitimate expectation and fairness, directing restoration of original stipend.

The petitioners, a group of doctors pursuing postgraduate DNB courses at Jagjivan Ram Railway Hospital, Mumbai, filed a writ petition challenging the ...

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Bombay High Court Allows Appeal by Western Coalfields Limited in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Jeep Owner Not Liable for Full Compensation as Deceased Employee's Negligence Contributed to Accident.

The case arises from a motor accident that occurred on 13 August 2004, when Sandeep Gupta, an employee of Western Coalfields Limited (WCL), was drivin...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

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Bombay High Court Dismisses Winding-Up Petition Under Sections 433 and 434 of Companies Act, 1956 Due to Bona Fide Dispute Regarding Liquidated Damages Deduction. Disputed Claim Based on Unilateral Interpretation of Work Orders Does Not Constitute Admitted Debt for Winding-Up Proceedings.

The petitioner, M/s. Arun Kumar Engineer and Contractors, a proprietorship concern, filed a winding-up petition under Sections 433 and 434 of the Comp...

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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...