Search Results for "unfair bargaining"

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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KAHC030058312022_1

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Supreme Court Dismisses Home Loan Borrower's Appeal Against HDFC in Interest Rate Dispute — Adjustable Rate of Interest Determined by Lender's Policy, Not RBI's Prime Lending Rate. Pre-contractual Assurance Cannot Override Express Terms of Loan Agreement Under Consumer Protection Act.

The appellant, a home loan borrower, filed a consumer complaint against HDFC Ltd. alleging that the bank had unilaterally increased the interest rate ...

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Bombay High Court Dismisses Petition of Retired Employees in Gratuity Computation Case. Court upholds Controlling Authority's order based on last drawn wages and rejects interest claim.

The petitioners, three retired employees of Hindustan Antibiotics Ltd., filed a writ petition challenging the orders of the Controlling Authority and ...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Dismisses Management's Petitions in Teacher Termination Case. Repeated Denovo Enquiries After Quashing for Non-Compliance of MEPS Rules 36 and 37 Are Not Permissible.

The case involves two writ petitions filed by the Head Master (brother of the President) and the President of an educational institution challenging t...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...