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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Decree Due to Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Plead and Prove Readiness and Willingness to Perform Contract.

The case involves a second appeal filed by the defendant (Peeraji) against the judgment and decree of the First Appellate Court which granted specific...

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Karnataka High Court Dismisses Petitions Challenging Service Tax on Renting of Hotels and Restaurants. Sub-clauses (ZZZZV) and (ZZZZW) of Section 65(105) of Finance Act, 1994 as amended by Finance Act, 2011 held to be within legislative competence of Parliament.

The case involves three writ petitions filed under Articles 226 and 227 of the Constitution of India before the Karnataka High Court. The petitioners ...

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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

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Supreme Court Upholds Award of Contract to Successful Bidder in Tender Dispute, Setting Aside High Court's Interference. Judicial Review in Tender Matters is Limited to Examining Arbitrariness and Procedural Fairness, Not Re-evaluating Merits, Especially After Contract Execution Under the Tender Terms.

The dispute arose from a tender floated by Respondent for operation and maintenance of a gas-based power plant. The tender used a Quality and Cost Bas...

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Bombay High Court Allows Section 11 Petition and Appoints Arbitrator Despite Stamp Duty Objection. Court holds that existence of arbitration agreement is a prima facie matter at Section 11 stage, and stamp duty is for arbitrator to decide.

The Petitioner, Coastal Marine Construction and Engineering Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 s...