Search Results for "act of God"

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High Court Dismisses Arbitration Petition Challenging Award Under Arbitration and Conciliation Act, 1996 -- MOU Found Not Amenable to Specific Performance Due to Third-Party Litigation

The High Court dismissed an Arbitration Petition challenging an Arbitral Award that rejected claims for specific performance of a Memorandum of Unders...

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High Court Dismisses Commercial Appeal in Lease Dispute, Upholding Decree for Arrears and Charges. The lessee's claim for termination and damages was rejected as the lease agreement remained valid until vacation, and no rent waiver was agreed during COVID-19 lockdown under the leave and licence agreement.

The dispute arose from a leave and licence agreement dated 21.10.2019 between Sure Waves Media Tech Private Limited (lessee) and Mr. Fathiraj (lessor,...

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High Court of Karnataka Quashes FIR Against BESCOM Engineers in Negligence Case — Lack of Prima Facie Evidence of Rash or Negligent Act. Section 304A IPC requires proof of gross negligence directly causing death, not mere failure of duty.

The petitioners, Sri Sreeramu V. and Subramanya T., who are Executive Engineer and Assistant Executive Engineer respectively at BESCOM's Whitefield Di...

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"A Case Examining Limitation and Arbitration in Franchise Disputes."

The Supreme Court ruled on the issue of whether the arbitration petition filed by Arif Azim Co. Ltd. was barred by limitation under Article 137 of the...

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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.

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

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...