Search Results for "Contract Act, 1872"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Contract Act, 1872"

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High Court

Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Liquidated Damages for Delay in Construction Contract. The Court Affirmed the Division Bench's Restoration of the Arbitral Award, Holding that Judicial Interference Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 is Limited and the Award Was Valid Under the Indian Contract Act, 1872.

28 Apr 2025

The appeal arose from a construction contract dispute between Software Technology Parks of India (respondent) and M/s Consolidated Construction Consor...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness.

12 Feb 2024

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a pl...

High Court

Bombay High Court Allows Writ Petition Challenging Termination of Contract by MSETCL — Holds Termination Without Show Cause Notice Violates Principles of Natural Justice and Contractual Stipulations. The court set aside the termination order and directed restoration of status quo ante, emphasizing that contractual clauses requiring show cause notice must be adhered to.

10 Jan 2022

The petitioner, Maha Active Engineers India Pvt. Ltd., was awarded a contract by the respondents, Maharashtra State Electricity Transmission Co. Ltd. ...

Supreme Court

Supreme Court Allows Appeal in Telecom Dispute Over Quantum Meruit Claim Under Section 70 of Indian Contract Act, 1872 — Contractual Relationship Bars Quantum Meruit Recovery. The Court held that where parties are governed by an express contract, a claim under Section 70 of the Indian Contract Act, 1872 is not permissible, as the section applies only in the absence of a contractual relationship.

27 Feb 2019

The appeal arose from a dispute under the Telecom Regulatory Authority of India Act, 1997, between Mahanagar Telephone Nigam Ltd. (appellant) and Tata...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Award in Construction Contract Dispute — Holds Arbitrator's Findings on Delay and Liquidated Damages Suffer from Patent Illegality and Perversity. The court set aside the award of liquidated damages under Section 34 of the Arbitration and Conciliation Act, 1996, finding that the arbitrator ignored the back to back nature of the contract and evidence that the respondent had been granted extension of time by the principal employer without levy of liquidated damages.

14 Dec 2018

The case involves an arbitration petition filed by Punj Lloyd Ltd. (petitioner) challenging an arbitral award dated 31 August 2012 passed by a sole ar...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

20 Aug 2014

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Allows Appeal by Co-operative Sugar Factory in Suit for Enforcement of Bank Guarantee, Holding Document Executed by Bank is a Contract of Guarantee under Section 126 of Indian Contract Act, 1872. Bank's Liability was Unconditional and Payable on Demand, Irrespective of Disputes Between Principal Parties, and Suit not Bad for Non-Joinder of Principal Debtor.

2 Aug 2005

The dispute arose from a turnkey contract for erection of a paper plant between Mula Sahakari Sakhar Karkhana Ltd., a co-operative sugar factory, and ...

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