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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit for Want of Jurisdiction in Contract Dispute Involving Foreign Company. Court Holds That No Cause of Action Arose Within Territorial Jurisdiction of Nagpur Court Under Sections 15 to 20 of the Code of Civil Procedure, 1908.

The appellant, M/s. Gupta Coal India Private Limited, a company registered under the Companies Act, 1956 and having its registered office in Nagpur, f...

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Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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Bombay High Court Dismisses Specific Performance Claim in Furnace Oil Supply Renewal Dispute. Plaintiff Voluntarily Gave Up Relief as Renewed Contract Period Had Already Expired, Leaving Damages Claim for Adjudication.

The suit was instituted by Saurashtra Chemicals Ltd, a chemical manufacturer, against Indian Oil Corporation Ltd, a government undertaking, arising fr...

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High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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Karnataka High Court Hears First Appeal Against Dismissal of Suit for Permanent Injunction and Damages in Software Development Contract. Suit Alleged Breach of Implied Contract by C-DAC Following Public Advertisement for Tamil Language Software Tools.

The appellant, M/s. Applesoft, a software development firm, filed a suit seeking a permanent injunction against the respondents, the Centre for Develo...

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Supreme Court Allows Bank's Appeal, Upholds Liquidated Damages Clause in Employment Contract. Clause requiring employee to pay Rs. 2 lakhs for resigning before three years held valid under Section 27 of Indian Contract Act, 1872, and not opposed to public policy.

The Supreme Court allowed the appeals filed by Vijaya Bank and another against the judgment of the High Court of Karnataka which had quashed clause 11...