Search Results for "Maula Bux"

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute for Lack of Merit. Section 34 of Arbitration and Conciliation Act, 1996 challenge fails as no patent illegality or perversity found in award rejecting damages for breach of contract.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 25th March 2021 pas...

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Madras High Court Dismisses Review Petitions in Arbitration Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the judgment in Maula Bux v. Union of India was not applicable to the facts of the case.

The case involves two review applications filed under Order XIV Rule 8 of O.S. Rules read with Order XLVIII Rule 1(a) and Section 114 of the Code of C...

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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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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.

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

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in Casing Pipes Supply Dispute. Liquidated Damages Deduction Set Aside as No Actual Loss Proven Under Section 74 of the Indian Contract Act, 1872.

The case involves a dispute between Oil and Natural Gas Corporation Limited (ONGC), the petitioner, and Oil Country Tubular Limited, the respondent, a...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...