Search Results for "delay penalty"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "delay penalty"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal.

10 Dec 2013

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement ...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

31 Jan 2024

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

High Court

High Court of Karnataka Dismisses Employer's Challenge to EPF Damages Order — Delay and Lack of Jurisdictional Error. Petitioner failed to demonstrate any error in the order imposing damages under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the appeal was dismissed as time-barred.

18 Sep 2013

The petitioner, M/s Kirloskar Electric Co Ltd, challenged an order dated 19.05.2004 passed by the Regional Provident Fund Commissioner imposing damage...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award on Limitation Grounds — Section 34 Application Filed Beyond Limitation Period. Court holds that period of limitation for challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 runs from the date of receipt of the original award and is not extended by a subsequent correction application under Section 33.

7 Jan 2014

The petitioner, Marwadi Shares & Finance Ltd, a member of the National Stock Exchange and Bombay Stock Exchange, had disputes with its constituent, re...

High Court

High Court of Bombay Upholds Labour Court's Reinstatement Order in MSRTC Driver Dismissal Case — 30% Backwages Awarded for Disproportionate Penalty. The court held that the punishment of dismissal for a minor accident was disproportionate and that the Labour Court's discretion in awarding backwages was not perverse.

13 Feb 2024

The Maharashtra State Road Transport Corporation (MSRTC) challenged an Award dated 26 March 2018 passed by the Labour Court, Kolhapur, in Reference (I...

High Court

Bombay High Court Quashes Fiscal Penalty and Debarment Orders in Import-Export Dispute — Failure to Fulfill Export Obligation Not Attributed to Petitioner's Fault. Appellate Authority's Orders Set Aside for Lack of Reasoning and Failure to Consider Petitioner's Contentions.

9 Mar 2006

The petitioner, M/s. Sudhir Diamonds, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of...

High Court

Bombay High Court Upholds CAT Order Reinstating Railway Employee in Disciplinary Case — Non-Supply of Inquiry Report Violates Natural Justice. Removal from Service Set Aside as Disciplinary Authority Failed to Provide Copy of Inquiry Report Before Imposing Penalty, Contrary to Principles of Natural Justice.

13 Mar 2023

The Union of India challenged the judgment of the Central Administrative Tribunal (CAT) Mumbai dated 25 November 2010 in Original Application No. 148 ...

High Court

Bombay High Court Dismisses Condonation of Delay Application in FERA/FEMA Appeal — Limitation Period Governed by FERA Section 54, Not FEMA Section 49(5)(c). The court held that the appeal against the Appellate Tribunal's order under FEMA is governed by the limitation period under Section 54 of FERA, which is 60 days, and the High Court cannot condone delay beyond that period.

4 May 2011

The Union of India, through the Directorate of Enforcement, filed a Civil Application seeking condonation of 291 days delay in filing an appeal agains...

High Court

Bombay High Court Allows Appeal in Service Tax Case: No Time Limit for Stay Application Before Commissioner (Appeals) Under Finance Act, 1994. Tribunal erred in dismissing appeal solely on ground of delay in filing stay application when stay application was filed six months before hearing and waiver of predeposit was pleaded.

30 Apr 2019

The appellant, Siddesh Tours and Travels, a proprietorship firm engaged in renting out cars, had obtained service tax registration under the category ...

Supreme Court

Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

28 Oct 1969

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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