Search Results for "Unliquidated Damages"

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Search Results for "Unliquidated Damages"

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Supreme Court

Supreme Court Allows Appeals of Legal Heirs of Deceased Doctor in Medical Negligence Case — Revision Petition Abates on Death of Doctor. Right to Sue for Medical Negligence Does Not Survive Against Legal Heirs Under Section 306 of Indian Succession Act, 1925 as Personal Injury Action Extinguishes with Death of Alleged Tortfeasor.

4 May 2026

The case arose from a medical negligence complaint filed in 1997 against Deceased, alleging deficiency in service for an eye operation performed in 19...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

High Court

Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

9 Mar 2016

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

High Court

Bombay High Court Allows PF Commissioner's Challenge Against Official Liquidator's Rejection of Damages and Interest Claims in Winding Up. Priority under Section 11(2) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 extends to damages under Section 14B and interest under Section 7Q.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator, High Court...

High Court

Bombay High Court Allows PF Commissioner's Claim for Interest Under Section 7Q Up to Winding Up Date in Company Liquidation. Priority Under Section 11(2) of PF Act Extends to All Dues Including Interest, But Damages Under Section 14B Must Be Levied Prior to Winding Up.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator of M/s. Zod...

High Court

Bombay High Court Allows ONGC's Appeal and Dismisses Soconord's Appeal in Arbitration Dispute Over Oil Well Casing Pipes — Umpire's Award Upheld as Not Liable to Be Set Aside Under Section 30 of Arbitration Act, 1940. Court Held That the Learned Single Judge Erred in Setting Aside the Award on Grounds of Non-Consideration of Certain Aspects, as the Umpire Had Considered All Relevant Material and the Award Was Not Vitiated by Any Error of Law Apparent on the Face of the Record.

24 Jul 2014

The case involves cross-appeals arising from an arbitration dispute between Oil & Natural Gas Corporation Limited (ONGC) and M/s. Soconord OCTG, SA (S...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

High Court

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.

25 Mar 2011

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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