Search Results for "fundamental breach"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "fundamental breach"

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Supreme Court

Supreme Court Hears Challenge to Appointment Norms of Information Commissioners Under Right to Information Act, 2005 — Petitioner Alleges Vague Criteria and Lack of Judicial Expertise Violate Fundamental Rights. The Court Examines Whether Sections 12(5) and 15(5) Are Unconstitutional for Not Requiring Judicial Qualifications in Light of the Right to Information and Quasi-Judicial Functions.

1 Aug 2026

The petitioner, a public-spirited citizen, filed a writ petition under Article 32 of the Constitution directly before the Supreme Court, challenging t...

High Court

Gujarat High Court Quashes FIR in Loan Dispute — Non-Repayment of Loan Does Not Constitute Cheating or Criminal Breach of Trust Under Sections 406 and 420 IPC. Civil Nature of Dispute Leads to Quashing of Criminal Proceedings as Abuse of Process.

9 Mar 2026

The applicant, Bhavinchandra Suryakant Purohit, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

20 Jul 2023

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

30 Jan 2023

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

High Court

Bombay High Court Quashes Assessment Orders Against Former Directors in GST Case — Personal Liability Cannot Be Imposed Without Shedding Corporate Veil. Directors Who Resigned Prior to Tax Period Cannot Be Held Liable for Company's Tax Dues Under MGST Act, BST Act, and CST Act Without Lifting Corporate Veil.

22 Aug 2022

The petitioners, Mukesh D. Ramani, Satish D. Sanghavi, and Prakash D. Sanghavi, were former directors of Twin City Organics Pvt. Ltd. They filed writ ...

Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Interest Rate Reduced from 18% to 12% per annum. Arbitrator's Award of Interest at 18% Held to be Excessive and Not in Accordance with Contractual Stipulation of 12% under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case involves an arbitration petition filed by the Municipal Corporation of Greater Mumbai (Petitioner) challenging an arbitral award passed by a ...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Award on Compensation for Delay but Sets Aside Award of Interest on Mobilisation Advance. Arbitrator's findings on delay and compensation held plausible, but interest on mobilisation advance contrary to contract terms under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case arises from a construction contract between the Municipal Corporation of Greater Mumbai (Petitioner) and S.N. Thakkar Construction Company Pr...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Pipeline Construction Dispute. Court Upholds Arbitrator's Findings of Fact and Reduces Interest Rate from 18% to 12% Under Section 34 of the Arbitration and Conciliation Act, 1996.

28 Aug 2012

The appellant, Mahanagar Gas Limited, awarded a work order to the respondent, M/s. Babulal Uttamchand & Co., for project management and construction o...

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