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Bombay High Court Dismisses Challenge to Arbitral Award in Construction Dispute — Upholds Rejection of Price Escalation and Interest Claims. Arbitrator's Interpretation of Contract Clause 70C and Discretion on Quantum Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, a consortium of M/s. Valecha Engineering Limited and M/s. AMA Private Limited, entered into a contract with the respondent, Airports A...

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High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case, Upholds Grant of Additional Benefits Under Amended Act. Reference Court's Order for Enhanced Interest and Solatium Upheld as Amendment Was Pending Reference.

The State of Maharashtra appealed against an order of the Reference Court (Joint District Judge, Nashik) dated 18th January 1992, which granted additi...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Case — Interest Rate of 15% p.a. Upheld Under Section 28 of Land Acquisition Act, 1894 as Amended in 1984. Court holds that amendment granting higher interest applies to pending references and awards passed after the amendment date.

The State of Maharashtra appealed against the judgment and order dated 26th February 1992 passed by the Joint District Judge, Nashik, in Land Referenc...

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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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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...