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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Limitation and Unenforceable Agreement. Agreement for Sale of compensation pool property held to be contingent on uncertain event of conveyance deed issuance, and suit filed beyond reasonable time barred by limitation.

The appellant, original plaintiff, filed a suit for specific performance of an Agreement for Sale dated 19/01/2010 for a compensation pool property in...

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Bombay High Court Allows Pune Municipal Corporation's Appeal Against Money Decree for Consultancy Fees — Contractual Interpretation of 'Sanction of Loan' Determines Entitlement

The Pune Municipal Corporation appealed against a money decree of Rs.7,08,50,000/- with interest passed by the Small Causes Court, Pune, in favor of P...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Supreme Court Dismisses Contempt Petitions Against Food Corporation of India for Non-Compliance of Regularisation Orders — No Willful Disobedience Found as Corporation Took Steps Towards Compliance

The Supreme Court dismissed a batch of contempt petitions filed by workmen unions against the Food Corporation of India (FCI) for alleged non-complian...

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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...