Search Results for "counter-claims"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "counter-claims"

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Supreme Court

Supreme Court Allows Appeal of Employer in Arbitration Dispute, Restoring Award in Favor of Contractor. Award Not Vague or Uncertain; Arbitrator Permitted to Give Lump Sum Award Combining Admitted Sum and Additional Sum for Remaining Claims, Under Arbitration Act, 1940.

31 Oct 1968

This case involved a dispute arising from a building contract between the appellant, the Union of India, and the respondent, a contractor, concerning ...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

High Court

Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

19 Jul 2017

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

High Court

Bombay High Court Sets Aside Family Court’s Rejection of Amendment to Written Statement; Allows Counterclaim in Matrimonial Dispute. Court Holds Counterclaim Not Barred by Delay if Filed Within Three-Year Limitation Under Article 113, Limitation Act, 1963.

8 Dec 2011

The petitioner wife filed a writ petition under Article 227 of the Constitution of India challenging the Family Court's order rejecting her applicatio...

High Court

High Court of Bombay at Goa Upholds Exclusion of Counter-Claim for Damages in Divorce Petition Under Law of Divorce. Article 15 of Law of Divorce does not permit counter-claim for damages, and the provision stands repealed by Section 4(1) of the Goa, Daman and Diu (Extension of the Code of CPC and the Arbitration) Act, 1940.

2 May 2014

The case involves a writ petition filed by Kiru Sadashiv Porob alias Ajit Sadashiv Porob challenging an order dated 25.2.2013 passed by the Senior Civ...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

2 Nov 2012

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...

High Court

Bombay High Court Partially Allows Section 34 Petition Against Arbitral Award Rejecting Counterclaims as Time-Barred. Court holds that limitation for counterclaims arising from same transaction as main claim is governed by Article 1 of Limitation Act, 1963, and that the arbitral tribunal erred in applying a strict three-year period from the date of termination without considering the continuing breach and the date of final bill.

1 Oct 2012

The petitioner, Rolta India Limited, filed two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an in...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

17 Jan 2017

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

High Court

High Court of Karnataka Quashes Arbitral Tribunal Order Imposing Condition on Petitioner to Deposit Amount for Filing Counterclaim. The court held that the Arbitral Tribunal has no power under the Arbitration and Conciliation Act, 1996 to impose such a condition, as Section 23 does not confer any such power.

28 Nov 2013

The petitioner, Ultra Entertainment Solutions Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dat...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

8 May 2015

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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