Search Results for "Master Service Agreement"

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Supreme Court Upholds High Court Remand in Industrial Dispute Over Transfer of Employment. Contract of Service Held Not Transferable Unilaterally; Dismissal by Transferee Establishment Invalid Absent Termination of Original Employment Under C.P. & Berar Industrial Disputes Settlement Act, 1947.

The appeal arose from an industrial dispute where Respondent No. 1, originally employed in the appellant-firm's factory at Kamptee, was later directed...

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Bombay High Court Dismisses Contract Workmen's Wage Parity Claim Against Principal Employer. Existence of Agreement with Representative Union Precludes Non-Members from Claiming Higher Wages Under Contract Labour Act.

The petition was filed by Mumbai Electric Employees Union, a non-representative union of contract workmen, challenging the order of the Additional Lab...

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Bombay High Court Hears Chamber Summons Filed by Defendant for Return of Plaint in Suit for Damages Under Lease Agreement. Application Seeks Transfer to Chennai Court Citing Exclusive Jurisdiction Clause; Court Also Considers Limitation and Cause of Action.

The matter pertained to a chamber summons filed by the defendant in a suit for damages. The defendant, Integrated Finance Co. Ltd., sought return of t...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Allows Petition Challenging Demand for 10% Performance Security Deposit in Railway Catering Tender. Court holds that demand for 10% performance guarantee instead of 3% as per Railway Board Circular dated 20.11.2020 is arbitrary and unsustainable.

The petitioner, M/s. Shiv & Sons, a proprietory concern, participated in a tender issued by the Central Railway, Nagpur Division, for catering service...

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Bombay High Court Dismisses Challenge to Arbitral Award in Advertising Contract Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails. Court Held That Arbitrator's Findings on Breach and Quantum Were Not Patently Illegal or Against Public Policy.

The petitioner, M/s Maneesh Pharmaceuticals Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ar...