Search Results for "defect liability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "defect liability"

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High Court

High Court Considers Whether Insurance Claim Dispute Pertaining to Overhauling Costs of Gas Turbine Engine is Quantum or Liability Dispute Under Policy Arbitration Clause. Insurer's Petition Under Section 34 of Arbitration Act Challenges Arbitral Award That Treated Overhaul Claim as Part of Quantum and Awarded Damages to Insured.

22 Apr 2026

The dispute arose from an Industrial All Risk Policy issued by the petitioner insurance company to the respondent's successor, covering a captive powe...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

High Court

High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

24 Dec 2025

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

High Court

High Court of Karnataka Allows Petition to Restrain Encashment of Bank Guarantee in Contract Dispute — No Concluded Contract Found. Court quashes demand letters and directs status quo, holding that without a work order, there is no concluded contract and invocation is arbitrary.

2 Jun 2023

The petitioner, PG Setty Construction Technology Pvt. Ltd., a construction company, filed a writ petition under Articles 226 and 227 of the Constituti...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Liability of Insurer Despite Alleged Violation of Permit Conditions. The court held that the insurer must pay compensation to third parties and may recover from the insured if there is a breach of policy conditions.

21 Feb 2023

The present appeal was filed by Reliance General Insurance Co. Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and...

High Court

Bombay High Court Adjudicates Application by Merchant Vessel Owner to Limit Liability Under Part XA of Merchant Shipping Act Following Collision with Indian Navy Vessel. The Court Examined Whether the Right to Limit Liability is Absolute and Whether the Owner’s Alleged Negligence or Recklessness Could Defeat the Limitation.

17 Feb 2023

The present proceedings arose out of a collision on 30 January 2011 between the merchant vessel M.V.Nordlake, owned by the German-incorporated Plainti...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

High Court

High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text.

19 Sep 2019

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had en...

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