Search Results for "earnest money forfeiture"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "earnest money forfeiture"

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Supreme Court

Supreme Court Allows Consumer's Appeal in Real Estate Dispute, Setting Aside NCDRC Order and Granting Refund with Interest. The court upheld the consumer's right to terminate the agreement due to delay in possession and directed refund as per contractual terms under the Consumer Protection Act, 2019.

22 Feb 2024

The dispute arose from a consumer complaint filed by the appellants before the National Consumer Disputes Redressal Commission (NCDRC) regarding delay...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Allows Appeal in Contractual Forfeiture Case — HUDCO Cannot Forfeit Payments Without Fulfilling Reciprocal Obligations. Allotment Cancellation and Forfeiture of Rs. 28.11 Crores Set Aside as Unjust Enrichment Where Lessor Failed to Execute Agreement to Sub-Lease.

7 Feb 2025

The dispute arose from an allotment letter issued by HUDCO to Tomorrowland Limited for a 99-year lease of land to build a 5-star hotel. The appellant ...

High Court

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.

28 Jan 2026

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...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Wagon Supply Dispute. Court upholds arbitrator's finding that appellant failed to prove force majeure and that respondent was entitled to refund of advance payment with interest.

10 Apr 2018

The appellant, Titagarh Wagons Limited, entered into a purchase order dated 20.02.2006 with the respondent, Chowgule and Company Private Limited, for ...

High Court

Bombay High Court Dismisses Petition Under Section 34 of Arbitration Act, Upholds Arbitral Award Allowing Price Reduction Deductions by HPCL Against Pipeline Contractor. Arbitral Award Rejecting Claims of Rs.3.28 Crores for Alleged Delay in Pipeline Project Upheld as No Perversity Found in Interpretation of Price Reduction Clause.

24 Mar 2015

The dispute arose from a contract for laying pipelines and associated facilities for the Pune-Solapur Pipeline Project awarded by Hindustan Petroleum ...

Supreme Court

Supreme Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Face of Record. Court upholds its earlier judgment reversing High Court's partial decree for specific performance, holding that the petitioner failed to prove readiness and willingness and that the suit was barred by limitation.

18 Nov 2024

The petitioner, M/s Siddamsetty Infra Projects Pvt. Ltd., filed a review petition under Article 137 of the Constitution read with Order XLVII Rule 1 o...

Supreme Court

Supreme Court Dismisses State's Appeal in Tender Cancellation Case — Violation of Natural Justice as Contractor Not Heard Before Termination of Contract. The Court Held That Principles of Natural Justice Require a Hearing Before Cancelling a Contract Awarded Through Tender, Even If Financial Irregularities Are Alleged.

11 Dec 2020

The case involves appeals by the State of Uttar Pradesh against a High Court judgment that set aside the cancellation of a contract awarded to Sudhir ...

High Court

Bombay High Court Quashes MIDC Circular Requiring 100% Completion of Work for Payment in Construction Contracts — Circular Held Unreasonable and Arbitrary Under Article 14 of Constitution of India. The court held that a circular requiring 100% completion of work before any payment is made is arbitrary and violative of Article 14, as it does not provide for payment for work done.

23 Oct 2020

The petitioner, M/s Mascot Construction Co., a partnership firm, challenged a Circular dated 27.08.2020 issued by the Maharashtra Industrial Developme...

High Court

Bombay High Court Allows Writ Petition Challenging Cancellation of Plot Allotment and Forfeiture by CIDCO — Directs Issuance of Demand Letter for Second Installment with Late Payment Charges. The court held that the cancellation was arbitrary and violative of legitimate expectation, as CIDCO itself had sought relaxation of time limits under Regulation 15 of the New Bombay Disposal Land Regulations, 1975, which was approved by the State Government.

10 Sep 2024

The petitioner, M/s. Trishul Construction Co., was allotted three plots by CIDCO (respondent No.1) in 2007. The payment schedule required a first inst...

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