Search Results for "substantial breach"

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Allows Suit for Recovery of Price of Goods Supplied Under Contract with State Government — Interest Awarded at 6% per annum from Date of Suit. Plaintiff proved supply of pesticides and defendant's failure to pay balance price.

The plaintiff, M/s. Devidayal Sales Pvt. Ltd., filed a suit against the State of Maharashtra for recovery of Rs. 2,56,560/- with interest. The plainti...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...

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Bombay High Court Quashes Notice Under Section 110(e) and (g) CrPC Against Corporator for Lack of Material and Abuse of Process. Court holds that preventive action requires credible material showing habitual offending, not isolated incident.

The petitioner, Shirish Hiralal Choudhary, a Corporator from Nandurbar, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitut...

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Bombay High Court Dismisses Petition Challenging Debarment from Examination Due to Attendance Shortfall. Court Refuses to Interfere with Educational Institution's Attendance Policy Under Article 226 of the Constitution of India, Holding That Minimum Attendance Requirement Is a Valid Academic Criterion.

The petitioner, a student, challenged the decision of the respondent educational institution debarring him from appearing in examinations due to failu...